No protocols in place to deal with drug ODs in police custody, superintendent tells court

The compilation of evidence against two officers charged with the involuntary homicide of Richmond Tong, who died after suffering a seizure in his cell at the police headquarters on 24 June continued on Thursday

Police headquarters in Floriana
Police headquarters in Floriana

A senior police officer has confirmed under oath that the police have no established protocols in place on how to handle situations where arrested persons are suspected of having swallowed drugs before their arrest. 

This emerged from the testimony of superintendent Victor Aquilina, who took the stand in the compilation of evidence against two officers charged with the involuntary homicide of Richmond Tong, who died after suffering a seizure in his cell at the police headquarters on 24 June.  

Tong, 35, from Mtarfa, had been arrested that night, after an RIU patrol had stopped his car for breaching traffic regulations and had discovered cannabis inside the vehicle when it was searched. 

28-year-old police inspector Stacy Gatt from Żebbuġ and sergeant Karl Nikolai Vella Cassia, 35, from Rabat, are accused of involuntary homicide. Vella Cassia alone is also charged with giving false testimony under oath before inquiring magistrate Josette Demicoli. 

First to testify today was a representative from the Police Human Resources Office, who informed the court that Gatt’s police career had started in 2017 and Vella Cassia’s in 2010. Both were suspended from duties in connection with this case as of June 9th this year. 

Today’s main witness was Police Superintendent Victor Aquilina, however. Aquilina informed the court that he had not been stationed in Valletta at the time of the incident and had only been involved in the latter stages of the case, having received his orders after the inquiry into Richmond Tong’s death concluded. “As it was a case of possible 225(1) [involuntary homicide] and a police inspector was involved, I had to conduct the investigation, as the ranking officer.” 

He had sought legal advice from the Attorney General, together with Inspector Daryl Borg, who is prosecuting this case, he said. The accused’s audio-visual statements had been recorded on 27 April 2022, he added. “Both of them stuck to the version they gave to the inquiring magistrate, but Vella Cassia was also being investigated over possible false testimony in that inquiry.” 

The AG’s advice was to prosecute the officers, the superintendent said. 

Lawyer Franco Debono, appearing parte civile for Tong’s family, cross-examined the witness, asking about what led to the incident. “I was not part of the inquiry, nor the investigation before the inquiry. It was Inspector Darryl Borg and magistrate Josette Demicoli. I focused on Gatt’s statement. I asked if she had anything to add and she just repeated what she had already told the magistrate.” 

Defence lawyer Giannella De Marco asked whether Gatt had been involved in the initial arrest. Aquilina confirmed that she hadn’t. 

Tong had been arrested by the RIU and was found to have cannabis on his person, said the witness. Aquilina could not specify exactly how much time elapsed from the moment of Tong's arrest to his transfer to the police HQ lockup, but said it was roughly “one hour, or two.” 

The lawyer asked whether the arresting officers had noticed any strange behaviour on Tong’s part. 

“One of the RIU officers had said he saw him put something in his mouth. Another sergeant said he might have swallowed something,” Aquilina said, emphasising that this is what he recalled from what he had seen in the inquiry documents. 

He confirmed that Stacy Attard had told him that at no point had Tong complained of feeling ill, nor asked for a doctor. At no point was Gatt given any such information, he said. 

Answering another question from the defence, Aquilina said he was not aware that Tong had been allowed to drive the suspect vehicle to the Police Headquarters in Floriana. 

Lawyer Joe Giglio, for Vella Cassia asked whether his client had asked Tong several times whether he needed medical assistance or wanted to be examined by a doctor. “Yes,” confirmed the superintendent, adding that the onus was on the officer to ensure the safety of persons in his custody. 

There are no protocols about this, said the witness. “Is it possible that there are no protocols or guidelines on how to deal with such situations?” asked Giglio. 

“There were no SOPs (Standard Operating Procedures) at the time and if there were, they were circulars. But there is no need for guidelines when a person has a doubt as to whether he had done something wrong. In my 29 years of service, I was always careful to take precautions.” 

The case continues in October.