Inquest finds collision deaths were accidental after ‘chase that should never have happened’

A jury in an inquest into the deaths at sea of two Spanish nationals during a collision in 2020 with a Royal Gibraltar Police patrol boat in Spanish waters was directed by Deputy Coroner Karl Tonna on Friday to return a verdict of accidental death.

The two men - Mohamed Abdeslam Ahmed, 40, and Mustafa Dris Mohamed, 49, from Ceuta - sustained multiple injuries when their rigid-hulled inflatable boat [RHIB] was involved in a collision with the RGP interceptor Sir John Chapple opposite La Atunara in the early hours of March 8 that year.

Mr Abdeslam Ahmed died instantly in the collision, while Mr Dris Mohamed died while under tow in British waters and was pronounced dead in Gibraltar.

The verdict on Friday means that at the end of the three-week inquest, the outcome was that the collision was an accident during a dynamic, high-speed nighttime chase.

But in returning the verdict, the jury added a narrative of events and found the pursuit between the two vessels prior to the collision “should not have taken place given that they were both in Spanish waters”.

Evidence before the court showed that, although the RHIB was of a type commonly used by drug smugglers, it was not carrying any illicit cargo at the time of the chase.

The court had heard that RGP operating procedures required police vessels to remain in British Gibraltar Territorial Waters unless part of a search and rescue operation.

The court heard too that at the time of the chase, the crew on the police vessel believed they were still in BGTW.

The inquest also heard the RGP vessel’s chart plotter and its Automatic Identification System had been switched off because the glow of the screen hindered nighttime vision inside the cabin.

In the narrative, the jury said the navigation plotter and AIS “should have been turned on” to aid navigation and confirm location in respect of British waters.

The jury noted that the RHIB on which the two deceased men were travelling with two other occupants had engaged in “erratic and unpredictable” movements that made the chase “unsafe”.

They found the vessels “collided accidentally” during one of those erratic turns when the police crew was blinded by whitewash created by the RHIB and unable to stop their boat’s forward movement.

They added that the conduct of the police coxswain “was in line with what we understand a pursuit entails”.

The jury also said that one of the three officers on the police vessel, who the court heard had been assigned to the boat despite having no marine training, was effectively “redundant” in an emergency situation.

It found too that the injured men on the RHIB should have been given first aid and brought on board the police vessel rather than towed back to Gibraltar, and that the police crew should have issued a Mayday alert and sought assistance from shore sooner.

The jury also made several recommendations including mandatory refresher training and certification for police coxswains.

It urged proper training on use of navigational aids, rather than relying on “substandard” word-of-mouth transfer of knowledge as had been the case at the time.

Jurors further recommended the installation of mandatory CCTV on police boats so that any future disputes “can be seen firsthand”.

The court had also heard evidence that another type of interceptor operated by police offered more visibility for crews and was “better for pursuits”, with jurors suggesting a similar vessel be purchased to replace the Sir John Chapple.

The inquest was a fact-finding exercise to establish the circumstances that led to the deaths of the two men.

It was not to attribute civil or criminal liability to any person or organisation.

The verdict on Friday was in sharp contrast to the outcome of an initial inquest in November 2021, in which jurors found the two Spanish men had been unlawfully killed.

That verdict and a subsequent judicial review which upheld the decision were later successfully challenged by two of the officers on the police vessel before the Court of Appeal, which ordered a fresh inquest.

The jury in the first inquest unanimously returned a finding of unlawful killing, believing it was more likely than not that the RGP officers breached their duty of care to the RHIB’s occupants and that the deaths were a reasonably foreseeable outcome based on the consequences of the police boat’s actions.

But following a successful application by lawyers for the officers earlier this week, Mr Tonna agreed that the possibility of a verdict of unlawful killing should not be put before the jury in the latest inquest as the evidence would not support such a finding.

In summing up the case before the jury, Mr Tonna gave jurors only the option of returning a verdict of accidental death.

REACTIONS

At the close of the inquest, Mr Tonna said he would provide the details of its outcome to the Registrar of Births and Deaths that very afternoon.

This is critical to the families of the two deceased men who, nearly six years after the fatal incident, have yet to receive death certificates for their loved ones pending conclusion of the inquest.

Administratively, that means the Spanish state has no formal confirmation that the two men are dead, even though they were long ago buried in Ceuta.

Among other pressures, that means the families continue to receive official correspondence in the names of the two deceased men.

Both men had children, in one case of a young age, and the families are unable to formalise their affairs including accessing benefits they might otherwise be entitled to.

“Two men lost their lives in an accident that should never have happened,” said Chris Finch, the families’ lawyer, speaking outside court after the verdict.

He said that to this day there had been no compensation or apology from the RGP, and that while the conclusion of the inquest was that the deaths were accidental, the jury’s observations “cover everything” and there would not be an appeal.

“There’s nothing to be gained from prolonging these proceedings because that would only generate more distress to the families,” he told reporters.

“The time has come for closure.”

The Gibraltar Police Federation, which has supported the two police officers throughout the legal process including funding their representation, acknowledged the outcome of the inquest.

“Any loss of life is always a tragedy and our sympathy goes out to the families of the deceased, as they are often the ones left dealing with the consequences of choices taken by others,” the GPF said in a statement.
“There have been no winners in this case.”

“When an officer pulls on their uniform their intention is, and has always been to try to prevent finding themselves in a situation where there is loss of life.”

“In fact the absolute opposite is true and all officers do everything in their power to protect life at all cost.”

The GPF said the inquest highlighted the risk taken by law enforcement officers in their work to combat criminality.

“The police officers involved are humans, and will ultimately have to live the rest of their lives knowing that the circumstance they found themselves in that night in 2020, resulted in the loss of life of two individuals,” the GPF said.

“That is something that they, and their families have had to learn to live with, and that is a burden none of us would want to carry.”

“Policing is a high risk career and those willing to step forward and volunteer their services to their community need to be given all the equipment and support they require to do the job as safely as is possible.”

The GPF acknowledged the professional support the officers had received from its legal team, who had worked “diligently and concisely” in presenting all the facts to the coroner and the jury.

It also thanked the Coroner and the jury, who “absorbed a significant amount of information during the three weeks of the inquest, and have made well thought out recommendations based on that information”.

It thanked too the Gibraltar Government for its support in the ongoing fight against crime and all police officers “who put themselves in harm’s way every day, so we can all enjoy a safe and peaceful life”.

There was also reaction from RGP Commissioner Owain Richards, who said the force would carefully review the jury’s recommendations.

“As Commissioner of the Royal Gibraltar Police, I want to firstly extend my personal as well as the RGP’s deepest condolences to the families of Mustafa Dris Mohamed and Mohamed Abdeselam Ahmed, who tragically lost their lives following this incident on the 8th March 2020,” Mr Richards said.

“I also want to acknowledge the significant impact that this incident, and the period leading up to this second inquest and verdict, have had on the officers involved and their families, as well as on all those who have been involved in this matter in one way or another, either directly or indirectly, to whom I also extend my sincere appreciation.”

“I take this opportunity to also thank HM Coroner, staff and the Coroner’s jury for the careful consideration they have afforded this matter and also thank the Metropolitan Police Service and the Senior Investigating Officer for their independent investigation and family liaison support for the Inquest.”

“The Coroner’s jury has delivered a number of recommendations, and the RGP will now reflect and review these carefully against all the policies and processes that have already been implemented since this tragic incident took place.”

Jamas Hodivala, KC, and Barnabas Branston represented the interests of two police officers.

Christopher Finch acted on behalf of the families of the deceased.

Neil Costa represented the RGP and was assisted by Louise Anne Turnock.