The two soldiers who have been charged with the drive-by shooting of an Ivorian migrant had joined the force with a clean criminal record, the Armed Forces of Malta said in a statement.
They had both joined the AFM about a year and a half ago and have been working in separate sections, with no connection or work directly related to immigrants. Whilst serving in the Force, both individuals had a clean military discipline record, the army said.
Lorin Scicluna, 22, from Paola, and Francesco Fenech, 21, from Marsascala, were charged over the drive-by shooting that left Ivorian Lassana Cisse Souleymane dead. Two other men were shot in the incident.
Regarding the case in Court which one of the accused already had, the AFM explained that the said case was decided some time after the individual had joined the Force.
“The offence had occurred prior to his enlistment in the AFM. The case was not considered of a sufficiently serious nature which merited discharge from the service and as a matter of fact, the Court had awarded him a conditional discharge, having taken also into account that he was a minor when he committed the offence. The AFM would also like to point out that, as an organisation, it has remit over military and not criminal offenses. When it comes to criminal offences, the AFM leaves it up to the competent authorities, including the Malta Police Force and the Maltese courts, to see that its members undergo due process at law like any other Maltese citizen.”
The AFM said it observes and respects the presumption of innocence when a criminal case is still pending. This right or principle is considered paramount and one which belongs to every individual. With respect to pending cases deemed to be of a serious nature, the AFM immediately appoints a Board of Officers to give their recommendations as to how the individual should be employed and what restrictions should be implemented to his employment. It is also ascertained that such individual works under direct supervision. When the case is eventually decided finally by the Court, the AFM rigorously evaluates the offence found guilty of, the sentence given, and the conduct of the individual at his/her workplace. On the basis of this, considerations on retention in service or otherwise are then made. This is done in the spirit of reform and rehabilitation, which the AFM seeks to adopt. In the event that the individual is retained in service, he/she is cautioned to not to commit other offences, and there may also be repercussions and implications on his service. This position has been adopted, in force for several years and is applicable to any member of the Force.
In this particular case, and given the gravity and severity of it, the AFM deviated from the above policy by the following measures. Upon being notified of the individuals’ arrest and arraignment, the Commander of the AFM took immediate steps to seek an order of H.E. The President of the Republic of Malta, through the Minister responsible for Home Affairs and National Security, which order suspended the accused with immediate effect. This was done pursuant to applicable provisions in the Malta Armed Forces Act. Contemporaneously, the Commander of the AFM also took all necessary steps to launch an internal inquiry which, amongst other things, is also tasked to ascertain whether this was an isolated event by two individuals or whether there may be others groups or xenophobic concerns within the AFM. The Board tasked with this inquiry is composed of high ranking officers with remit also to make additional recommendations on the basis of what results during the course of their inquiry.
As to some other allegations made by certain media sectors on discriminatory treatment between members of the Force, the AFM said it wished to clarify that this is not the case.
“However, it will not enter into the merits of any case which is still pending in front of the Court, also because it is not at liberty to provide information which could be considered as covered by data protection.”
The AFM also expressed its distress and grief over the incident. “The AFM condemns unreservedly any and all discriminatory conduct, including that based on racial or ethnic considerations. Such actions are particularly condemned, even more so, when these are attributed to members of the Force. The AFM takes the opportunity to extend its condolences to the family of the victim, as well as to the whole community of immigrants in Malta.”
This occurrence is shocking for the Force, especially considering the sacrifices, commitment and dedication of its members who work incessantly, day and night, to save lives at sea, and not end them, the AFM said.
“This is done without distinction to nationality, colour and sex. This sense of shock is evident in all other members of the Force, who besides their grief for such loss of life, they are also feeling their own hard work being tarnished by such actions of a condemnable nature. Certainly, this occurrence does not reflect the beliefs and values of the members of the Force.”