Former soldiers cleared of involuntary murder

● Nigerian asylum seeker died in custody in 2011

Three former AFM soldiers were acquitted of involuntary homicide in the case of a Nigerian asylum seeker who had died of a heart attack in his cell back in 2011 at Hal Far, following a beating he received for escaping.

Roderick Azzopardi, Aldo Simiana and Carmela Camilleri had been charged with the involuntary murder of 29-year-old Ifeanyi Nwokoyw.

It was explained that the accused were charged with involuntary homicide and not wilful homicide because the victim did not die as a direct consequence of injuries caused during the aforementioned beating. Prosecuting inspector Keith Arnaud told the court that witnesses saw Azzopardi punch the victim before he was arrested.

Four detention officers reportedly rounded up a group of escaped detainees, which included the victim. The court heard how Nyokoyw had to be carried back to an isolation room as he was unconscious.

Police Inspector Keith Arnaud had told the court that the trio had not been charged with wilful homicide as it had emerged that the migrant had not died as a direct result of the injuries inflicted on him during the beating. It was said that Camilleri and Simiana had found the victim unconscious, but Nwokoye died of a heart attack on his way to hospital.

Arnaud contended that the victim died as a result of mistreatment and a breach in regulations during his re-arrest.

Representing the accused were lawyers Joe Giglio, Veronique Dalli and Mario Mifsud. They contended that the asylum seeker died because of a medical condition, one that he did not inform his detention officers of when entering the centre.

Magistrate Consuelo Scerri Herrera observed that the case was highly complex, more so because it required the court to scrutinise individuals who are held to a higher standard due to the positions they hold.

She cited a practice within the courts with involuntary offences, where one must show that the harm inflicted came wilfully, negligently, in a direct way where the outcomes can easily be guessed.

Scerri Herrera commented that the victim’s strength appeared to have been failing him when he scaled the fence, as it only took one officer to subdue him and upon forcing him into the van, he was already unconscious.

Medical experts confirmed that the victim showed no signs of violent treatment, other than a bruise. The experts commented that the bruise could not have contributed to his death.

The courts however did not observe a causal link between the actions of the accused and the man’s death. This, Scerri Herrera said, means that the charge of involuntary homicide could not be upheld.

Scerri Herrera did chide Azzopardi for the lack of dignity shown to people when considering the man was not given medical treatment promptly and that he had be handcuffed and placed in a van with no seat.

A subsidiary charge levelled against the other two AFM officers, abuse of power, was struck down because intent was not shown and therefore it could not be used in the context of an involuntary offence.