Private Gordon Pickard, 35, of Żabbar, was arraigned before Magistrate Anthony Vella yesterday in connection with the death in custody of Malian immigrant Abdalla Mohammed, 32, known as Mamadou Kamara.

Mr Mohammed was said to have resisted arrest very strongly, with Private Pickard saying there were two soldiers with him, and one of them in particular beat him blindly below the belt and on his back.

The head of the homicide squad, Keith Arnaud, told the court that Private Pickard was not involved in beating Mr Mohammed after the latter escaped and was recaptured shortly afterwards in Safi on 29 June.

Private Pickard, who is charged with changing details about the crime, told the police he saw the immigrant being kicked. Two other soldiers are involved – Mark Anthony Dimech, 44, of Gżira, and Clive Cuschieri, 29, of Paola. They are charged with the wilful homicide of Mr Mohammed, injuring him seriously, and changing details of the crime which occurred in a detention service van.

The prosecution said Private Pickard tried to calm the situation after the two other soldiers threw the immigrant on the road and he was kicked violently in the groin when the soldiers were wearing heavy army shoes. Private Pickard saw Cuschieri kicking Mr Mohammed and started telling him to calm down.

But the Private corroborated with four others involved in the case when he said that Mr Mohammed had resisted to the last, when in fact the immigrant was probably already unconscious or dead when he was taken to Safi barracks.

According to one of the witnesses, one of the army officers felt the immigrant’s pulse and started looking at the officers with concern. Other immigrants had reported that Mr Mohammed was disturbing them with his behaviour which was at times intolerable and it was decided to isolate him.

The time was about 10.30pm on 29 June and as the immigrant was being removed to isolation, he escaped their grasp and ran off, climbed a low wall and fled.

At about 11.45pm the police received a call telling them that there was an immigrant who seemed disturbed or on the run. Mark Anthony Dimech and Clive Cuschieri took a detention service van and went to look for him, with Gordon Pickard taking another vehicle.

According to what Private Pickard told the police, while driving he noticed Dimech and Cuschieri on the road, struggling with Mr Mohammed. He called for assistance and asked for handcuffs because the immigrant was offering resistance.

Private Pickard said that when he got out of his vehicle, he saw Dimech holding Mr Mohammed, and Cuschieri violently kicking him. He ran up to them and told them not to beat Mr Mohammed.

Clive Cuschieri admitted to the police that he beat the immigrant, but that was because Mr Mohammed was very aggressive and they wanted to get him down so as to be able to control him. He could not remember where he hit him, but most probably it was in the groin and the back.

The control room was informed at 12.10am that the immigrant had been recaptured. On their way to the detention centre, Clive Cuschieri was driving the van, Gordon Pickard sat behind the driver and Dimech, together with a detention centre official, were at the back.

Outside the barracks they realised that the immigrant was listless and they put handcuffs on his legs and hands and decided to take him to the health centre at Paola, but when they got there the immigrant was dead. The time was 12.38am.

They apparently agreed there that they would tell the police that the immigrant remained very aggressive with them, offering resistance.

Inspector Anthony Cachia testified that Mr Mohammed was certified dead when still in the van. He lay facing up, with handcuffs on his hands and legs. He was sceptical about the truth of Mr Mohammed offering resistance to the soldiers, though they kept repeating this.

When interrogated at length, it was established that Mr Mohammed had been beaten brutally and the immigrant was so weak he could not have resisted to the last. Though Private Pickard kept referring to the immigrant’s resistance, it was not known who instigated everything.

The case against the two other soldiers is expected to be heard this morning before Magistrate Saviour Demicoli.

Dr Mark Busuttil appeared for Private Pickard.