Mamadou Kamara’s murder: migrant repeatedly kicked as he tried to stand up

An AFM soldier testified in court of seeing a migrant being kicked by an army officer, as he attempted to get up.

AFM soldier Gordon Pickard, 38 of Zabbar, took the witness stand in the compilation of evidence against two other soldiers, Sergeant Mark Anthony Dimech and Gunner Clive Cuschieri, who are accused of the 2012 murder of an escaped detainee.

Pickard himself has been acquitted by an appeals court of tampering with evidence related to the investigation into the death of escaped Malian migrant, 32-year-old Mamadou Kamara, during his recapture in 2012 was overturned on appeal last November.

Kamara had died in the back of a detention service van, shortly after being repeatedly kicked in the groin. Forensic expert Mario Scerri, who conducted a detailed analysis on the corpse of the migrant, had concluded that Kamara had died as a result of the blunt trauma he sustained, which had triggered a vasovagal attack.

From the witness stand this morning, Pickard said that in 2012, he had been a bombardier stationed at Hal Safi detention centre and had been in charge of the 12-man shift on duty at the time of Kamara's death.

The personnel were a mix of casual workers (Detention Officers) and AFM, he said. He told the court that he had already been stationed there for 10 years at the time.

Sergeant Mark Anthony Dimech was the NCO in charge of that shift, he said.

Asked what kind of steps would be taken to tackle troublesome inmates, he said several methods would be employed, including placing troublemakers in an isolation room, described as “a cell, not very big, with bars.” It would be used both for medical isolations and misbehaviour cases, he said.

The decision to place an inmate in isolation would be taken by the person in charge, an officer of NCO. “In this case, Sgt Dimech made the decision. A lot of trouble had broken out because the other immigrants didn't want him [Kamara] to stay with them.”

“That day, I started work at 6:20pm at B Block, taking over from Sgt Casha. He told me they were taking care of an immigrant who was mentally unstable. He was crazy, taking people's things...at one point asking for a joint.”

Over two hours that morning, the witness said he had received a lot of complaints in the meantime that the man was picking on people, pushing them and so on. “I saw him taking people's things with my own eyes, as well as receiving reports from other detainees.”

Inspector Arnaud asked him whether he had informed Sgt Dimech of the troublemaking immigrant after receiving the handover, he said he hadn't because he wanted to investigate for himself first. He informed Dimech at 8:30pm.

Kamara had asked to be taken to the polyclinic, saying “I want doctor, I want doctor.” Pickard, Dimech and Cuschieri had driven the man to a polyclinic. “The detainee is placed in a cage in the back of the van, there is a bench for the casuals and the driver and passenger sit at the front.”

Asked about the man's behaviour the witness said he “wasn't acting right, saying all kinds of things...” After about 45 minutes, the doctors certified him as healthy but made an appointment for a psychiatrist to see him the next day.

“We returned him to Block B and a commotion broke out because the other immigrants didn't want him... They said they were scared that he was going to strangle one of them.”

Asked if Kamara was violent, he said Kamara was pushing people around at that point: “The other detainees refused to have him back. The decision was taken by Dimech to place him in an isolation room.”

“I opened the gate to let him out. Another immigrant was talking to Sgt Dimech and I had the gate keys in my hand. Kamara suddenly decked a casual and ran off.”

The witness said he chased the detainee for around 200 metres but Kamara had then jumped over the fence. The officers had gone out in a detention centre van to try and recapture the escapee.

The witness said that he had joined the search some 10 minutes later with his personal vehicle. “On my way back I saw the immigrant climbing a wall in a side street and I stopped to tell him to halt and let us help. He said something I didn't understand and he leapt over the wall. Dimech arrived at that point and I told him to go around because he was going to go over the next wall.”

He carried on searching with a torch and noticed a detention centre van. His mobile was ringing and it was gunner Cuschieri. “I didn't answer because I arrived at that point.” 

When he caught up with the van he said he had seen Cuschieri kicking the man. “I saw Gunner Cuschieri kick him twice in the abdomen and head. I told him to slow down.”

Kamara had been lashing out at the officers with his arms and legs, he said and he had eventually placed the immigrant in an armlock as they had no handcuffs available at the time. “He struggled as he was being placed in the van. Dimech held his legs and I held one of his arms. Cuschieri closed the cage.”

Pickard was unable to recall the order of dress Cuschieri was wearing. “I sent Clive to move his car. Sgt Dimech and I put him in the back of the van. When we sat him down in the van he flew at us again.”

He called the detention centre to ensure handcuffs were ready at the gate. When they arrived at Safi, Dimech had cuffed the Kamara's feet whilst the other soldiers cuffed his hands. They drove to Paola polyclinic after that. Two casuals travelled in the cage with Kamara for the trip, whilst the witness sat behind the driver.

“He had stopped struggling when we put the handcuffs on him. He said something but I didn't understand him.

“Dimech had gone to the doctor as he had suffered bruises and his hands were covered in blood, and I went to get the wheelchair. When I got back they told me he was unresponsive.” “Experience has taught us that sometimes immigrants don't answer and when we open the door they escape. This has happened several times. I called the doctor down and when he arrived he said 'He's dead.' I was shocked and informed Dimech.”

Pickard said he hadn't asked Dimech about the injuries he had suffered. The casuals had told him that Cuschieri had also been injured but added that he hadn't seen the injuries himself.

When Clive Cuschieri kicked him, the man was trying to get up, he said. Cuschieri had been standing at the time.

Lawyer Stephen Tonna Lowell objected to the prosecution making reference to a statement made by Cuschieri in the absence of a lawyer. He had released them after consulting with a lawyer, replied inspector Arnaud. “What disclosure did you give him? Zero,” the lawyer shot back. The magistrate pointed out that it had been established that a lawyer must be present during questioning, too.

He had released a second statement after being reminded about something he had left out of his first statement, Pickard said. Asked to clarify what it was that he had been reminded about, he said that it was about Cuschieri kicking the immigrant. He insisted that he had forgotten to mention it the first time.

He denied being told to give a false version of events when the three men spoke whilst waiting for the police to arrive, outside the Paola polyclinic. “Dimech had told us to say that he was aggressive, because he was.”

Giglio and Inspector Arnaud clashed over suggestions that the men had planned what to say in the back on the van. The claim about Kamara's aggression was made “because it was true,” Pickard told the court.

Lawyer Joe Giglio cross-examined the witness.

“You had over 150 immigrants who didn't want this man with them. Did you see or understand that there was a risk to this man.”

“Yes,” Pickard replied.

“So was the decision to place the immigrant in isolation meant for his own protection?”

“10 years of experience had taught us what to do in these circumstances," the witness said. "We didn't have time to consult our superiors. Dimech came down to try and calm the situation down... [because] the immigrants were all shaking the bars and banging on them angrily.”

Dimech had then placed Kamara in isolation.

“If we hadn't placed him in isolation, I don't know what would have happened. They didn't want him.”

Giglio moved on to the matter of the escape, suggesting Kamara had knocked a guard flat and ignored orders to stop. “I had told him to stop and let us help him,” Pickard replied. Asked about the kicking, he said he had seen a “confusion.” 

Dimech had suffered a bruise on his forehead, he added. He was unable to confirm the defence's suggestion that the victim had also bitten Dimech's hand, but said but he had seen a lot of blood.

The compilation of evidence continues in April.  

Police Inspector Keith Arnaud is prosecuting. Lawyers Joe Giglio and Stephen Tonna Lowell are defence counsel.