Letter to Malta To Day.

21, Triq it-Torri ta’ Alof de Wignacourt,

Xgħajra

22nd December 2014

The Editor

Maltatoday

Media Today Co. Ltd.

Vjal ir-Rihan,

San Ġwann SGN9016

Sir,

With reference to the articles entitled “Public was misled on disciplinary steps against Nwokye officers” and “My name is Ifeanyi and I am dead”, carried in the issue of “Maltatoday” of Sunday, 21^st December 2014 on pages 1 and 21 respectively, you are requested to publish the following according to the Press Act and with the same prominence on your Sunday issue.

These are the facts related to this case which are not portrayed clearly in your articles but which I had already stated in Parliament just a few minutes after the Prime Minister’s speech but which perhaps escaped you:

1. On the 17^th April 2011, following the death of Infeanyi Nwokye, the Ministry for Justice and Home Affairs issued a press statement informing the public that:

a) an independent Board of Inquiry had been set up under Chapter 273 of the Laws of Malta; 

b) a Magisterial inquiry was being conducted so that the facts would be established and the evidence preserved, whilst;

c) a Police investigation was also underway.

2. The next day , another press statement published the letter of appointment of the Board setting out the terms of reference of the public inquiry which was to be led by Mr Martin Scicluna. (It would have been imprudent for Lt.Col. Brian Gatt to carry out the investigations since at the time he was the person in charge of the detention centres and the independent Board of Inquiry would also have to evaluate his position.)  

3. One of the Board’s remit was :

“ examining and establishing whether there had been negligence, whether the correct procedures had been followed, whether there had been abuse of authority on the part of any official/s of the Detention Services or any other officers involved in this incident”[1]

4. On the 26^th August 2011, the report of the independent  Board of Inquiry was submitted to the Ministry.  A press statement was subsequently issued on the 13^th October 2011 when I resumed my duties in the ministry after under going major surgery at Mater Dei Hospital during September 2011.

5. The report stated that disciplinary action against a number of officials should be taken: “Hemm lok għal passi dixxiplinarji kontra numru ta’ uffiċjali li kienu b’xi mod involuti fl-incident, għalkemm f’xi każi l-azzjoni ma tistax tittiehed qabel ma jkun magħruf l-eżitu tal-awtopsja tad-detenut li miet.”

The  Board of Inquiry also stated that since the Magisterial inquiry had not been concluded and the result of the autopsy was not accessible to them, the report could not be conclusive on all points. The Times of Malta reported this on the following day in an item entitled “Board calls for officials to face discipline” where it is stated: “An Inquiry Board that probed the death of an illegal immigrant who was caught after escaping from the Safi Detention Centre last April, has called for disciplinary measures to be taken against a number of officials involved in the incident. But in “some cases” the action against officials cannot be taken until the autopsy results are released by the magisterial inquiry.”

6.As also stated in the press statement this report was passed on to both the  Commander of the Detention Services Lt Col Brian Gatt and  the Commander of the Armed Forces of Malta, Martin Xuereb wherein  it was stated that: “L-awtoritajiet konċernati qed jikkonsidraw fid-dettal il-kummenti tal-Bord biex, fejn hemm lok jittieħdu passi dixxiplinari b’mod spedit mingħajr ma jiġu kompromessi proċeduri ulterjuri li jistgħu jirriżultaw mill-inkjesta Maġisterjali”.

One must here  bear in mind that there is a strong legal opinion that if both disciplinary procedures and court criminal procedures are taken this could amount to double jeopardy which could result in the acquittal of the guilty party. Thus one had to make sure that criminal legal action could effectively be taken after the conclusion of the Magisterial inquiry. If disciplinary action had been taken prematurely after the publication of the report it could have jeopardized the criminal procedure.

7. So contrary to what both your articles are implying, I did not impede any action on the matter. The investigation on the death of Infeanyi Nyowke was entrusted to the competent authorities to be carried out according to law, with the ensuing legal and disciplinary actions.

8. Unfortunately, the Magisterial inquiry led by Mag. Tonio Micallef Trigona took three years to be concluded and criminal action could finally be instituted against three persons according to the direction and instruction of the magisterial inquiry this February 2014.

9.   Please note that the Valenzia report as it is being referred to in the media was commissioned after the death of immigrant Mamadou Kamara who died on the 29^th June 2012 when I was no longer a minister and the immigration portfolio had then passed to the office of the Prim Minister.

10. Please also note that the Armed Forces of Malta were never part of my ministerial portfolio as you seem to imply.

All the above may be easily verified by your readers and journalists by accessing the DOI and Times of Malta websites.

I had imagined that people had already formed the opinion that the allegations made against me were bereft of any substance. In fact, no interest whatever was even alleged, let alone proven in a possible cover up for any person at all.

Finally if sticking to what is right, proper and according to the Rule of Law is considered by you as a sign of weakness, then our standards are completely different. You mentioned my being a religious person: I do not disown my beliefs and try to act according to the ethics of these beliefs. Furthermore I do not see any strength in proving a point by attacking the conduct of others.

I am also reserving all my rights at law.

Carmelo Mifsud Bonnici LL.D., M.P.

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[1] “b) Jara u jistabilixxi jekk kemm-il-darba kienx hemm negilġenza, non-osservanza ta’ proċeduri, jew abbuż ta’ awtorità minn naħa ta’ xi uffiċjal/i tas-Servizz ta’ Detenzjoni jew uffiċjali oħra li kienu involuti f’dan l-inċident.”