The Malta Independent 2 May 2025, Friday
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Updated: PM says PN refrained from taking action on 2011 migrant death, challenges Busuttil to act

Wednesday, 10 December 2014, 19:06 Last update: about 11 years ago

Prime Minister Joseph Muscat this evening challenged Opposition Leader Simon Busuttil to take action on the findings of an inqiury report which showed that the former Home Affairs Minister Carm Mifsud Bonnici had ordered the Detention Service chief not to take disciplinary action against officers who allegedly beat a Nigerian migrant to death.

Speaking in Parliament, Dr Muscat said the inquiry showed that the former head of the Detention Service, Lt Col Brian Gatt had recommended disciplinary action against those involved in the death of Infeanyi Nwokoye. He wanted to sack them when they refused to cooperate. The inquiry report says former Minister Carm Mifsud Bonnici told Lt Col Gatt not to take any steps. His excuse was that the police was still investigating the case but the inquiry report was never handed to the police or the AFM. The report was never published. The officers found responsible in that inquiry had only been taken to court last February, under this government.

"Who will carry the political responsibility of this case? This is your first real test", he told Simon Busuttil. "I acted within minutes from receiving the inquiry report and I expect you to do the same and take a decision on this one by tonight. The bar has been raised for all of us, not just for the government."

The Prime Minister said in June 2012 former Prime Minister Lawrence Gonzi had appointed an inquiry into the alleged murder of another migrant, Malian Mamadou Kamara, but the report was also never published. One of the reasons was that the report recommended a review of detention policy. The second reason was that it would uncover the findings of the 2011 case.

Earlier, Dr Muscat said the leakage of restricted information by members of the police to a political party led to serious doubts about the way the police handle confidential data. He also said the PN wanted to win political points and the PN Leader purposely told the party media to leave out important parts of the telephone recordings. People will find it harder to trust the police with their personal information from now on.

These past weeks were a difficult time for the government. Despite the fact that things in the AFM have improved there was something missing in the police force. Something is not working right. There is a tendency that the best elements of the force leave with a sense of disillusionment. Some others bring the corps into disrepute. If a policemen shot at someone just for hitting his car mirror than there is a serious problem.

Dr Muscat said he would not comment on the ongoing investigations because he does not want to be accused of prejudicing the case. He said he had always refrained from attacking the public institutions, unlike the PN Leader. Dr Busuttil launched a serious attack on the judiciary when he accused three former judges appointed to lead an independent inquiry of being part of a cover up. One can criticise or question the inquiry but not resort to attacks of this kind. Dr Muscat said he did not choose to act like judge and jury like Simon Busuttil but instead appointed an independent inquiry. He took decisions as soon as he had the report in hand.

Simon Busuttil should have taken up the PM's offer of nominating a judge to lead the inquiry. If he had done so he would not have any doubts about the inquiry findings.

Dr Muscat asked if the government should have doubted the information given to it by Acting Commissioner Ray Zammit - the highest police official. The information was sent back and verified. Those who had given out incorrect information had not done so out of malice.

On the other hand, the Opposition leader manipulated the recordings, attacked the inqury and put undue pressure on its members. He told a number of people not to accept to be on the inquiry if asked by the government. Simon Busuttil, who aspires to be someone who chooses judges in the future, has been accused of pressuring members of the judiciary in the course of their duties. This is a very serious accusation.

Prime Minister Joseph Muscat tabled a letter sent to him by Manuel Mallia, who is medically indisposed, in which he explains his way of seeing things and how he will remain loyal to the Labour movement.

Justice Minister Owen Bonnici told Dr Busuttil that he should not put pressure on the judiciary and the PN leader should not undermine its work. Destructive and personal criticisim do a lot of harm, even to society in general.

Dr Bonnici said the PN had attacked him personally and claimed that, when he appeared in front of a tribunal over a traffic accident, the magistrate had ruled in his favour for fear of not being appointed judge. “You should be ashamed of yourselves.”

Even the European Convention of Human Rights called on politicians not to attack the judiciary.

Dr Bonnici said Karol Aquilina, a PN official and a friend of Simon Busuttil, had also taken to the social media to attack the retired members of the judiciary. Being a lawyer, he should have known better and shown respect.

The Justice Minister thanked the three members of the inqury board for carrying out their duties in an exemplary manner. Instead of thanking them, the PN had attacked them, personally. “You have been accused of putting undue pressure on the judiciary. What will you do? Will you shoulder the political responsibility?”

Former Home Affairs Minister Carmelo Mifsud Bonnici said that, following the death of the migrant in 2011 he had appointed an internal inquiry headed by Martin Scicluna and there was also a magisterial inquiry headed by Magistrate Micallef Trigona. The PN government had bound itself to publish the findings of the independent inquiry after the magisterial inquiry was concluded, so as not to interfere in the court procedure. It had, however, published the recommendations of the Scicluna report on the workings of the Detention Service. Magistrate Micallef Trigona was later criticised by the Court for taking too long to conclude the magisterial inquiry, thus holding up the publication of the full Scicluna report. 

“I did not hide anything,” said Dr Mifsd Bonnici, who said the government has today only published a report compiled by Judge Jeffrey Valenzia after the second migrant death. At the time Prime Minister Lawrence Gonzi was responsible for home affairs and he could have published the report at any time. “I did not take part in any cover up.”

The former minister said he was sure that, once concluded, the report would have been sent to the Commissioner of Police and the head of the AFM to take the necessary actions. 

 

Home Affairs Minister Carmelo Abela appealed to both sides to rid the police and the army of partisan politics. The government and the PN should work together towards this aim.

“My aim is to give dignity back to the police force. This will be a long process,” he said, noting that the problems afflicting the corps did not start under this government. “We should all learn from our mistakes and we need a trained, restructured police force.”

Mr Abela said the media also has to be responsible and not force people away from the police. His first job as minister, he said, was to  visit the police HQ to thank those who work tirelessly to keep society safe. “I assured them that I will work with them for the good of the country and will not abuse them.” 

 

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