During yesterday’s sitting, Magistrate Abigail Lofaro upheld the bail request filed by Peter Bargmann, 63, and Herman Raake, 57, after the German ambassador in Malta guaranteed, under oath, that the embassy would not issue the men new passports after they pass them on to the court.
George Merten, the German ambassador, said the embassy would not issue the men any travel documents until the proceedings against them are concluded. Helmut Pomath, an engineer with NSB Shipping Company, the company that manages the Verlain, the ship in question, told the court the two men have guaranteed residency at the Meridien Phoenicia.
After the bail technicalities were ironed out, the court went on to call people who were at the scene on the day and time of the incident.
Michael Galea, a young man who took a summer job with Mediterranean Diving Company, was on a boat next to the Verlain assisting Mr Van Beck on his dive. He explained that Mr Van Beck had employed him.
He said 10 or 15 minutes after Mr Van Beck had jumped into the water, Mr Galea felt a sudden pull on the air pipes leading down towards him. He explained that Mr Bargmann, the captain of the Verlain was with him at this time.
“We did not know what was happening. The captain, Anthony Farrugia (the other man assisting Mr Van Beck) and I pulled the pipes up.” A bundle of pipes came out of the water and the men saw body parts and the diver’s tattered suit on the surface.
“It was a horrible sight,” said Mr Galea and he explained they were all in shock. During the whole operation, Mr Galea said the only contact he had with the victim was through the air pipes, but he said others had audio and visual contact with the diver.
Christopher Zerafa, the deck-hand of the boat also testified yesterday and gave his account of the event. His version corroborated Mr Galea’s.
Police sergeant Isabella Camilleri told the court that she assisted police constable Geoffrey Cutajar on the scene after the incident had been reported. She said Mr Van Beck died after being accidentally hit by the thruster of the Verlain.
Head of Technical Operations of the Occupational Health and Safety Authority David Saliba appeared at yesterday’s sitting to amend the charges against the two German men. They were given the added charge of not safeguarding the health and safety of their employee, Mr Van Beck.
At the end of the hearing, Magistrate Lofaro granted the accused bail against a Lm1,000 personal guarantee. They were also ordered to each pay a Lm3,000 deposit. The magistrate warned them not to approach any witnesses and not to speak to any crew members of the Verlain. She added they must inform police if they intended to move from the hotel to another residence.
The magistrate also ruled sufficient evidence had been presented for a bill of indictment to be drawn up against Mr Bargmann and Mr Raake.
Inspectors Johan Fenech and Noel Cutajar prosecuted while Dr Stefano Filletti appeared for the accused.