Inconsistencies in eyewitnesses’ evidence in Nicholas Azzopardi inquiry

The crucial evidence of eyewitnesses given in the inquiries into the events leading to Nicholas Azzopardi being seriously injured while in police custody in 2008, are peppered with inconsistencies and weaknesses.

In his testimony, disgraced former police sergeant Adrian Lia, who was one of Azzopardi's escorts, claimed that while Azzopardi was being accompanied to his car by himself and Police Constable Rueben Zammit, he suddenly remembered that Azzopardi's estranged wife and his mother-in-law were waiting in the reception area.

At this point, he ordered Zammit and Azzopardi to wait for him behind the Forensic Department building (photo) while he cleared the way for Azzopardi to proceed to the car search and have his details recorded.

Nicholas Azzopardi captured by CCTV walking towards the back of the Forensic block, followed by Reuben Zammit's shadow.

According to Lia, as soon as he was returning to the road behind the forensic department where he had left Azzopardi and Zammit, he first stopped by at the forensic laboratory and informed the officers there that he will be bringing in Azzopardi to have his details taken.

At this point, Lia said that he turned around the corner (photo below) and saw Azzopardi and Zammit standing by a wall, 20 metres away from him, where the incident subsequently took place. From investigations carried out by Azzopardi's family, Nicholas Azzopardi was retrieved unconscious at least 60 metres away from where Lia was standing.

Shadow of Adirna Lia turning around the Forensic block's corner where he stated that Zammit and Azzoparid stood 25 metres away from him.

In their testimonies, the two police officers recounted that as soon as Lia called Zammit and Azzopardi to reach him, Azzopardi launched himself towards the wall overlooking the bastion as Zammit turned around to look in Lia's direction.

They then said that Zammit, who weighed around 65 kilogrammes, grabbed Azzopardi, who weighed 120 kilogrammes, by one hand while Azzopardi was hanging over the wall overlooking the ditch below the depot. Lia claimed that Zammit was trying to prevent Azzopardi from jumping off the wall but after a brief struggle, Azzopardi fell down the wall. 

Lia and Zammit's version of events were never backed up by any footage, because the alleged incident happened in a spot outside the cameras' vision although the depot is tightly monitored by CCTV cameras. 

Yet, there was one other Police officer who could prove pivotal in the evidence, as he was in the vicinity of where the alleged incident happened.

What did PC 990 see?

While Adrian Lia was on his way to the reception area where Azzopardi's estranged wife was waiting together with her mother, a car turned around the Forensic block (captured by CCTV) and headed towards the IRU offices' entrance.

The car driven by Police Constable 990, C Abela turned around the corner one minute before Adrian Lia turned around the same corner as he returned from the reception area.

This was confirmed by Reuben Zammit, who said that he recalled a car passing next to Azzopardi and himself, although he erroneously identified the driver as PC 977 instead of PC 990.

In his testimony to the Judge Manché inquiry, Reuben Zammit said: "I remember that while we were next to the wall and he (Azzopardi) was next to me, somebody passed by in a car, PC 911 but at the moment that I held him (Azzopardi) and whatever, nobody was present apart from Sergeant Adrian."

Abela was interrogated by Magistrate Anthony Vella, however he stated that he did not remember seeing anyone behind the Forensic block as he drove towards the IRU office entrance. Asked whether he saw Azzopardi and Zammit standing against the wall, Abela said: "I do not remember."

CCTV footage shows Abela walking into the IRU offices, in which he is seen entering the building after turning around his parked car. As he turned around the car, Abela would have faced the direction where Zammit and Lia claim Azzopardi was waiting behind the Forensic block, yet Abela insisted that he did not see anyone.

Just over 20 seconds after walking in the IRU office, Abela was captured on CCTV walking out with a shocked expression on his face (captured on CCTV). One minute later, Abela walked out of the IRU office again still in visible shock

PC 990 was also interrogated by Judge Manché, who asked him why he looked shocked. Abela said he walked out of the office because he heard some commotion outside.

Pressed by Manché to say what he saw, Abela said that he could only see Zammit and Lia but did not look over the wall.

Asked directly whether he peaked over the wall, Abela said: "I did not see." Asked again whether he saw Azzopardi beneath the wall in the ditch, Abela said: "No, I sort of saw them panicking and then it clicked that somebody was down there (in the ditch)."

Once again this raises a number of questions which were not addressed by all the inquires held. What did Abela really see? How could he forget driving past Zammit and Azzopardi in such a narrow street? Why was he shocked when he walked out of the IRU office? How did he realise that somebody was beneath the wall without looking?