Updated | Accused in trafficking charge was spotted on Valletta quay

The names of Gordon Dimech, who stands accused of aiding and abetting the transport of migrant detainees, and his alleged conspirator Dennis Mackay, do not appear on any document pertaining to the ownership of a speedboat used by asylum seekers in an attempted crossing to Italy.

The speedboat had been abandoned on a Valletta slipway by a group of asylum seekers in an attempt at making the crossing in December 2005. Dimech is accused of having provided the asylum seekers with the speedboat.

But boat S-4735 was never registered in the name of the accused Gordon Dimech, a former office of the Malta Maritime Authority, Alexander Mizzi, said in his testimony in the trial by jury. Instead, the boat was registered in the name of Carmelo Camilleri, and later transferred to a certain Anthony Tanti in 2006.

The boat was impounded in March 2006 when the same asylum seekers attempted another crossing, this time with another boat, which however ended in tragedy. Four survivors were arrested and imprisoned for one month, leading to police to uncover Dimech's role in providing the same asylum seekers with a boat back in 2005.

Gordon Dimech, 35, of Hamrun, is on trial for aiding and abetting human trafficking in December 2005, seemed "not to be aware of the severity of the case", a former police inspector told the court yesterday.

Former police inspector Jeffrey Cilia testified in court yesterday in the trial by jury.

Dimech and Dennis Mackay, a taxi driver, admitted under police interrogation to having purchased a speedboat which was later resold for Lm2,500 (€5,820) to Hafis Mohammed Ibrahim Bertawi. The latter, a Sudanese national, attempted to travel to Italy by sea the same day.

Dimech is accused of selling a boat to Bertawi to transport migrant detainees who had escaped from Safi Barracks on 21 December 2005. A second attempt to escape from Malta in March 2006 ended in tragedy when the boat began taking in water and capsized.

Dimech was apprehended after Bertawi's second attempt to make the crossing to Italy, when 10 of 14 asylum seekers in the boat lost their lives at sea.

In the compilation of evidence, Carmelo Camilleri told the inquiring magistrate that he had exchanged the speedboat with a car at Topper's Auto Dealer, but that the registration transfer was never carried out. He also said that Anthony Tanti, the owner of Topper's Auto Dealer, had called him asking if the police had informed him that the speedboat had been stolen.

The late Dennis Mackay also called Camilleri, claiming that he had taken the speedboat down to Sa Maison, but that he had to leave it there after the van towing it experienced mechanical problems. Mackay then claimed that the boat had been stolen the day after. Both Mackay and Camilleri planned to file a police report, but were later told that the boat had been recovered by the Armed Forces at their Haywharf base. Camilleri identyified the boat and the speedboat was returned to him.

Taking the witness stand, Anthony Tanti failed to identify the accused Gordon Dimech as the person who had purchased the boat from him, and also did not identify the speedboat from the photos shown. Tanti told jurors that he had sold various cars and boats to Dimech and Mackay, however he was not sure if the contract presented as evidence concerned the impounded boat since the document simply read 'speedboat fletcher'.

The two police officers who on 21 December 2005 - at the time of the first migrant crossing - spotted Dimech and Mackay down by the Valletta waterpolo pitch, said that they had received an anonymous phone call alleging that someone had broken into the pitch. They found Dimech and Mackay on the quay next to a van. A boat trailer was attached to the van. However nothing suspicious was found when the two were searched.

On 22 December 2005, witness Simon Pulis was on his way to go fishing when he saw a speedboat hitting the quay and blocking the slipway. He tied the white speedboat to the quay and filed a police report.

Former police inspector Pierre Micallef Grimaud, who had investigated the finding of the speedboat, said he found nothing suspicious and that he had instructed Mackay to retrieve the boat from Haywharf. He returned the boat's ignition keys after Mackay claimed the boat had been moored at Sa Maison and that it had either came undone due to bad weather, or that someone tried to steal it.

Dimech testifies

Taking the witness stand, Dimech said he was Mackay's business partner in a car and boat dealership on Cannon Road, in Santa Venera.

He said that Bertawi had enquired about the purchase of a boat, and days later after this first encounter, the Sudanese national met Dennis Mackay at the Valetta taxi station where the two men agreed on a Lm2,500 tag for the purchase of a speedboat.

The two men later inspected the boat at the Floriana MCP car park were it was parked.

On 21 December 2005, Dimech picked up Bertawi on Crucifix Hill in Floriana and proceeded to meet Mackay on the quay at Marsamxett, Valletta, at around 6pm.

As he called Mackay, a number of asylum seekers emerged from the shadows. Mackay then proceeded to board the boat and asked Bertawi for the money, getting just Lm1,900 of the money they had previously agreed upon.

Dimech claimed he told Mackay not to ask for the rest of the money because he was scared of being assaulted by the group of some 14 asylum seekers.

Following the aborted mission, in which the boat was taken to the AFM's Haywharf base, Dimech told Mackay he did not want to have any more dealings on the matter. "I took my cut from the sale and did not want to see that boat again. But Mackay kept it in the garage."

In March 2006, Dimech was arrested and asked about the whereabouts of the speedboat.

Under cross examination, Dimech said that details in his statement to former police inspector Jeffrey Cilia were not the same as those he had relayed to the police.

He contradicted claims that the boat would leave from Sa Maison, as claimed by Mackay during the compilation of evidence years back.

"I have no clue who invented the claim that the boat was launched from Sa Maison. Dennis claimed the boat was moored there, but I told the inspector the truth and that the boat was launched from Marsamxett."

Defence counsel Stefano Filletti started his closing address saying the jury should acquit the accused on two counts: the crime was impossible to take place and there was lack of evidence against Dimech.

Trial by jury

Dimech was apprehended after Bertawi's second attempt to make the crossing to Italy, when 10 of 14 asylum seekers in the boat lost their lives at sea.

The police subsequently arrested the four survivors, Mukhtar Rabi Danian Abu Salem, 19, Gala Salaheddin Ragab Al Said, 19, Yousef Mohamed, 26, and Hafis Mohamed Ibrahim Bertawi, 29. Having pleaded guilty, they were imprisoned for one month. Yousef Mohammed and Bertawi were also accused of the first attempt to flee the country in December 2005.

The investigation led the police to gather information about the escape attempt in December 2005 and to the arrest of Dimech and Mackay.

Cilia yesterday said that Dimech and Mackay had provided Bertawi with a speedboat and fuel on 21 December 2005, for which they received Lm1,900 (€4,425).

The speedboat was that same night found abandoned at sea by the armed forces and taken to Haywharf Base. Upon collection of the boat, Mackay parked it at a Floriana car park.

As it turned out, Bertawi had aborted the first attempt to escape due to worsening weather conditions. When he asked Dimech to keep the boat for another attempted escape the following day, the accused allegedly asked him for more money.

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

Jurors were also presented with evidence from Bertawi, given during the compilation of evidence, who has since left Malta.

Bertawi had recognised Dennis Mackay and Gordon Dimech in the courtroom, saying that the two men had helped him plan his journey to Italy by fetching the boat and fuel.

On the other hand, an Iraqi national who was involved in the 2005 attempt to cross to Italy said he could not identify the two defendants. Jaser Salem el Dagham had originally confirmed the identity of the two but, seven years later, could no longer remember them.

El Dagham said he had spent 32 months recovering at Mount Carmel Hospital for depression, during which time the court gathered evidence on the case.

He did say, however, that Dennis Mackay had been on board the boat on the night of the December 2005 crossing, while Dimech had brought the fuel from a van parked onshore. The crossing was aborted 30 minutes later due to bad weather, with the boat abandoned on the slipway and all the fuel and the men's belongings left in the boat.

Under cross-examination, El Dagham said that Bertawi had planned the escape and that in total he paid him Lm360, since Bertawi had demanded additional expenses for fuel, food and water. "Hafis [Bertawi] was our 'mind'. We did not speak either Maltese or English", he told the court.

Addressing the jury, prosecutor Lara Lanfranco explained that giving advice regarding how to travel illegally, even without physically aiding someone, constituted a breach of law. "The same applies to conspiring to organise an illegal escape, even if this fails due to conditions beyond one's control."

Lanfranco also told jurors that they could not allow their opinions of irregular immigration 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 presided. Stefano Filletti and Veronique Dalli appeared for the accused. The prosecution is expected to conclude its evidence today.