Two police officers are to face criminal charges, two years after the death of a man while under arrest at police headquarters. 

The police only said that the action follows the conclusions of a magisterial inquiry and police investigations though no details of the two officers were given in an official statement by the police announcing the charges. 

The case against them will start being heard in the coming days after they are served with a formal summons. 

Richmond Tong, a 35-year-old from Mtarfa, died after he was found suffering from a seizure in his cell at police headquarters on June 24, 2020, at 3.40 am.

He had been arrested a few hours earlier on suspicion of cocaine possession.

His family are demanding compensation, claiming the state caused his death.

Family fight for compensation

In a judicial letter filed through the courts last year, Tong’s mother and relatives called on the home affairs minister, the police commissioner, and the state advocate to settle compensation.  

The family claimed that Tong’s death happened as a “direct result’ of police officers’ conduct, adding that it was “a lack of diligence, prudence or thought” that saw officials fail to give Tong the necessary medical treatment on the night of his death. 

At the time, one high-ranking police source had told Times of Malta that the family’s call for compensation came after a development in an ongoing inquiry into the death which appeared to back up their claims that his death could have been prevented.

The development, believed to be in the form of credible testimony, came from a reliable witness, the source said.

After his death, a magisterial inquiry was launched to establish what happened.

A toxicology report had been requested to find out if Tong was under the influence of drugs when he died.

Tong’s mother, Monica, his brother Ian, and sister Maryjo, last year filed an application before Magistrate Josette Demicoli, who is holding the inquiry into his death.

However, their request for access to documents exhibited in the inquiry proceedings and information from police about the incident has not been granted.

The family have also instituted a constitutional case, currently ongoing, claiming breach of human rights after access to the inquest into the death was denied.

At the time, the Nationalist Party had called for an independent inquiry into the arrested man’s death, including its causes, whether it could have been prevented, and who was responsible for precautions to safeguard the man’s health. The party also asked if all laws and protocols had been observed.

The Tong family are being represented by lawyer Franco Debono and Francesca Zarb.