Soldiers rushed migrant to ‘closer’ health centre as they knew case was serious

Magistrate Saviour Demicoli this morning heard CID inspector Anthony Cachia explain that from investigations carried out into the murder of escaped Malian migrant Mamadou Kamara on 29 June, it transpired that the soldiers involved in his death had "rushed to the Paola Health Centre because they knew that they had a serious case on their hands."

Inspector Cachia was giving evidence in the case against AFM Sergeant Mark Anthony Dimech, 44 of Gzira, and Gunner Clive Cuschieri, 29 of Paola who stand charged with the migrants' wilful homicide, causing him serious injury and committing a crime they were duty-bound to prevent.

According to Inspector Cachia, police were informed that it was the army's protocol to refer all medical cases to the Floriana centre, but shortly after the Malian was recaptured after managing to escape from the Safi detention centre - while he was being bundled off for medical care in Floriana - it was decided to take the migrant to Paola. Kamara had been intercepted in Safi village by the AFM detention services officers, at which point it is believed he suffered fatal injuries.

The Inspector recounted the investigations into the migrant's death, and the details which emerged from the series of interrogations conducted with the suspects involved.

While explaining that he had interrogated all the suspects, except for Sergeant Dimech, the Inspector said that after a series of inconsistent versions given by the suspects, a third soldier - Bombardier Gordon Pickard, who is facing separate charges for tampering with evidence - revealed how he, Sgt. Dimech and Gunner Cuschieri had "agreed" to claim all the way that the Malian migrant had continuously resisted capture.

Inspector Cachia said that this revelation led the two Detention Services officers, who were accompanying another three AFM soldiers on their way to the Paola clinic, agreeing on the version of events to recount.

While explaining that the Detention Service officers had told police that the Malian migrant made no movement while he was restrained from his hands and legs during the journey to the Paola clinic, Bombardier Gordon Pickard had admitted that the agreement over the version to give if questioned about the migrant's condition was to deflect "problems" related to his condition. "We take flak over the slightest injury," Pickard allegedly told the police under interrogation.

During his testimony, Inspector Cachia recounted how Mamadou Kamara was subdued in Safi after escaping from the detention centre, with Sgt. Dimech forcing the migrant to the ground using his body weight, while Gunner Cuschieri kicked the migrant a number of times in his genitals and lower back.

Defence lawyer Franco Debono who is appearing for Cuschieri argued with Inspector Cachia, on whether he looked into what equipment and training the AFM were given when handling migrants.

The Inspector replied that it was not his competence to look into those matters, but explained that Clive Cuschieri had told him that he had no training.

An argument ensued later between defence awyer Joseph Giglio and Inspector Cachia over a statement made during cross-examination. While Inspector Cachia said that Cuschieri claimed to have kicked the migrant because he was "beating" Sgt Dimech, Dr Giglio said that that statement was unacceptable because it was not mentioned earlier.

The case was adjourned to September 20, for the transcript of Inspector Cachia to be prepared and a decision is to be taken on whether to admit the important detail from the procedures, given that it was announced during cross-examination and not during the presentation of evidence.