Update 3 | Man faces trial by jury for aiding and abetting trafficking of migrants

Former police inspector Jeffrey Cilia testified in court today in the trial by jury of a Maltese national accused of aiding and abetting the illegal departure of a group of migrants back in December 2005.

Cilia said that one of the survivors in a botched boat crossing to Italy, which ended in tragedy at sea in March 2006, told the police he had purchased a boat which had been used in December 2005 to make the channel crossing.

Cilia said that the survivors of the group of 14 migrants in the tragic March crossing, had admitted under interrogation of having tried to first escape back in December 2005 after buying a boat from Gordon Dimech, 35 of Hamrun, and Dennis Mackay.

Dimech, a taxi driver, had admitted under interrogation that he had purchased a speedboat together with the late Mackay, which was later resold for Lm2,500 to Hafis Mohammed Ibrahim Berta. Sudanese national Hafis Mohammed had informed him that he would leave the island the same day of the purchase.

Dimech met Hafis Mohammed and together went to the Valletta waterpolo pitch, at Marsamxetto Harbour. The speedboat was lowered at Sa Maison and drove by Mackay to Valletta for the migrants to board. The migrants paid a total of Lm1,900 in euros, Maltese liri and American dollars, Hafis who passed the money to the two men.

After the migrants departed Mackay and Dimech came face to face with two police officers on patrol by the water. Mackay fled the scene but turned back when he was called over by the police. The two men were searched but let off when nothing irregular was found on their person. Days later, their speedboat was found abandoned by the waterpolo pitch, and Mackay was asked to collect it from the Armed Forces base at Haywharf. Mackay then parked the boat at the Floriana car park.

As it turned out, Hafis Mohammed had aborted the first attempt to escape due to worsening weather conditions. But when he asked for the boat back, Dimech told him e police had seized the vessel. Hafis asked to buy another boat but the taxi driver demanded a very high price. The speedboat was still parked at the Floriana car park in March 2006, when the police inquired on this vessel, which they later impounded.

Cilia also said that Mackay had to start the engine for the migrants, because none of them knew how to operate the boat.

"When questioned, Dimech did not seem to be aware of the severity of the case," the witness said

Trial jury

Dimech was accused back in March 2006 of selling a boat to migrant detainees who had escaped from Safi barracks on 21 December 2005. A second attempt to escape from Malta ended in tragedy when the boat began taking in water and capsized. One of the passengers died and nine went missing.

Four of the survivors - Mukgtar Rabi Danian Abu Salem, 19, Gala Slalaheddin Ragab Al Said, 19, Yousef Mohamed, 26 and Hamed Mohamed Ibrahim Bertawi, 29 - were subsequently arrested by the police. Pleading guilty, the four migrants were imprisoned for a month. Yousef Mohammed and Hafis Mohammed Ibrahim Bertawi were also accused of a separate attempt to flee the country in December 2005. The plan had however failed as they had to return back to shore because of engine problems and bad weather.

The two alleged they had bought the boat used in the December attempt from two Maltese men. In separate proceedings, Dimech and Dennis Mackay, 39 from Valletta, were charged with aiding and abetting the December escape.

While they were granted bail, the Attorney General appealed the bail as no evidence had been produced. Chief Justice Vincent De Gaetano upheld the request and ordered the re-arrest of the two men.

During the compilation of evidence against the Maltese, Egyptian witness Yousef Mohammed recounted his stay at the Marsa open centre and how he started asking about ways to escape to Italy. There, he met a Sudanese national Hafis Mohammed Ibrahim Bertawi who was planning an escape trip close to Christmas. The trip would cost Lm250 (€600) per person.

On the day of the escape the men met at Valletta where they met Dimech. The Sudanese man collected the money and Mackay arrived with the boat. Mackay was also accused along with Dimech of assisting the migrants, but Mackay passed away in 2012.

The jurors proceeded to hear the evidence given by Hafis Mohammed Ibrahim Bertawi during the compilation of evidence - Hafis Mohammed has since left Malta.

The Sudanese national had then told the court he arrived in Malta from Libya in a boat landing in August 2005, and then detained at Safi barracks before escaping. He then started living at the Marsa open centre.

In the courtroom, Hafis Mohammed had recognised Dennis Mackay and Gordon Dimech. The asylum seeker said that the two men had helped him plan his journey by boat to Italy, by fetching the boat and fuel.

Another asylum seeker, Egyptian national Yousef Mohammed had stated during the compilation of evidence, that Hafis Mohammed was organising the journey at a cost of Lm250 for each migrant.

Migration and trafficking

Addressing the jury who will decide the fate of Dimech, known as 'Harufa', prosecutor Lara Lanfranco explained the difference between the charges of illegal immigration and human trafficking. "Simply giving advice concerning illegal traveling without physically aiding someone still constitutes a breach of law," she said, adding the same applies to conspiring to organise an illegal escape, even if this fails due to conditions beyond one's control.

Lanfranco told jurors how in March 2005, four migrants who had survived after their boat capsized were arraigned in court and imprisoned for a month. The investigation led the police to gather information about the escape attempt in December.

Lanfranco said that regardless of one's opinion of immigration, jurors could not allow their opinion to prejudice the trial. "Do not assume that those who aid immigrants to escape deserve the 'Gieh ir-Repubblika' simply because there are too many illegal immigrants' on the island. Aiding and abetting human trafficking is a crime."

Justice Michael Mallia is presiding. Stefano Filletti and Veronique Dalli are appearing for the accused.