The AFM was found by the courts to have been negligent in the tragic death of gunner Matthew Psaila, who died after finding himself in difficulty during a training exercise at Chadwick Lakes.

An expert appointed by the courts found that the soldier, who was unable to swim, had become hypothermic while in an underwater tunnel.

In her judgment, Madam Justice Joanne Vella Cuschieri said that soldiers who were good swimmers needed assistance because of the weight of their equipment.

The court noted shortcomings in the planning of the exercise. The depth of the water in the tunnel had not been checked and the route had not been tested. There was a shortage of trained safety personnel and safety equipment was not up to standard. Psaila’s absence took long to be noted as the soldiers were not instructed to watch out for each other.

There had been no checks on the level and temperature of the water and no guidance on the path that was to be taken by the soldiers, the court said.

The AFM had not given too much priority to health and safety measures, and a special section that deals with such issues was only set up in 2010, after the gunner’s death.

The officers on site had been ordered to supervise the exercise and had to make do with what they had been provided. The court said it was aware that no amount of money would make up for the loss, but taking into consideration the gunner’s age at the time of death and his pay, it reached the sum of €178,500 as compensation, which the AFM will have to pay.

Lawyer Michael Tanti Dougall represented the family.