Police custody death: prisoner could have ‘swallowed something’

A court appointed medico-legal expert has declared in court that he had overheard someone saying that Richmond Tong “swallowed something” before or during Tong’s arrest. 

This emerged as criminal proceedings against inspector Stacy Gatt, a 28-year-old from Żebbuġ, and 35-year-old police sergeant Karl Vella Cassia from Rabat resumed on Wednesday morning before magistrate Doreen Clarke. 

The two police officers stand accused of involuntary homicide over Tong’s death while in custody at the police headquarters in June 2020. Vella Cassia is also accused of giving false testimony under oath to the magisterial inquiry into Tong’s death.

Medico-legal expert Dr Mario Xerri took the stand on Wednesday, confirming his report under oath. Lawyer Franco Debono, assisting the Tong family, asked the court expert whether he had overheard something in particular about the case. 

Xerri said he had, explaining that whilst at the lock up in the Police Headquarters he had overheard someone saying that Tong had been seen to have swallowed something “before or during arrest”. The inquiring magistrate was already there, investigating, when this happened, he said.

Police officers had also been present, the doctor added. Replying to a question from the defence, the doctor said he was unable to recall who had said this.

“I can’t remember who said it, I overheard them saying, and made a mental note about it. Before carrying out the post-mortem examination, I had told them to pay special attention to the man’s stomach, keeping in mind what I had overheard earlier.

We are always diligent when carrying out such examinations, however, this time there was this. And if he did swallow something, we would have found it in his stomach,” Xerri explained. 

The doctor added that as he had overheard it being said, it was reasonable to expect that other persons present had, too.

Gatt’s lawyer Gianella De Marco, insisted that Xerri’s claim did not make sense, reserving her right to cross-examine the witness about his report at a later stage. 

Superintendent Victor Aquilina also briefly took the stand to exhibit a copy of the Standard Operating Procedures to be followed by officers in such situations, on the request of the defence. Aquilina explained that there was no SOP in place before Tong’s death and that the document he exhibited had been issued on 7 February 2022. 

“I never said that such guidance for officers did not exist. However, if there was guidance, it would have been in the form of an internal circular but now we have an SOP,” Aquilina clarified.

The case continues in November.

Lawyers Franco Debono, Marion Camilleri and Francesca Zarb appeared in parte civile for Tong’s family.

Lawyer Giannella de Marco assisted Gatt. 

Lawyer Joe Giglio assisted Vella Cassia. 

Magistrate Doreen Clarke presided over the court.