Inquest hears evidence of RGP and Guardia Civil cooperation at sea

Details about communication between the Royal Gibraltar Police and its Spanish counterparts when tackling crime at sea were heard by the Coroner’s court on Friday during an inquest into two deaths after a police pursuit.

Retired police officer Herbert Warwick, who is a veteran coxswain with close to 30 years’ experience at sea, gave evidence during the inquest hearing and described the rapport between authorities on both sides of the border.

Central to the inquest into the two deaths at sea is the location of the police chase and the dissemination of information, both prior and post the pursuit.

By the close of the second week of court sessions on Friday, the court has heard repeatedly how the RGP coxswain of the police vessel on the night of the incident, known as Officer 1, had been notified by the Guardia Civil of a suspect rigid-hulled inflatable boat (RHIB).

The coxswain has said he believed the chase took place within British Gibraltar Territorial Waters at the time, but upon viewing subsequent evidence he has accepted it took place in Spanish waters.

During the chase which took place on March 8, 2020, Mohamed Abdeslam Ahmed, 40, and Mustafa Dris Mohamed, 49, from Ceuta died having sustained catastrophic injuries when their RHIB was involved in a collision with a Royal Gibraltar Police vessel.

On Friday, PC Warwick told the court about his experience in dealing with the Guardia Civil while on shift.

He said that when called by the Guardia Civil, he would believe their information and act upon it.

PC Warwick said that the RGP would “do the job for them” if the Guardia Civil’s vessels “were not available”.

When asked by lawyers if the Guardia Civil “didn’t have the capability to intercept” it would be left to the RGP, PC Warwick agreed.

But, he said, it would be up to the RGP coxswain to decide whether to intercept once out at sea.

PC Warwick was asked whether the Guardia Civil would call the RGP to inform if a police vessel was outside of British Gibraltar Territorial Waters (BGTW). He responded that “on occasions they would not”.

He also told the court that before starting a chase a coxswain should know their location.

PC Warwick was asked if he would take an inexperienced third officer, as was the case on the night in question, to which he said he would, but it would be “unfair” to both the coxswain and third officer.

The nature of police pursuits and safety was put to PC Warwick, who described how suspect RHIBs can be unpredictable, adding that he would not be to blame if there had been contact between vessels.

He said he had been in a handful of accidents out at sea during the final decade of his career and has seen RHIBs cut in front of ferries.

In PC Warick’s view, prior to his retirement in 2021 “importance had been taken away” from the marine section and over the years there were fewer officers on shift.

The court had heard expert evidence from a marine consultant who pointed out how the RGP had no specific pursuit training.

PC Warwick said throughout training there are transferrable skills where trainee coxswains are being prepared for pursuits.

“Everything you learn is transferrable to a chase,” he said.

He added the RGP’s marine section would be visited by UK authorities which do not have a module for chasing suspect vessels.

PC Warwick said the police do not try to immobilise vessels during a chase, but rather apply pressure in a bid to get the suspects to stop.

MAYDAY

Leif Simpson, who at the time was working for the Gibraltar Police Federation and had prior experience in the RGP’s marine section, also gave evidence on Friday.

He was questioned on whether the coxswain of the police vessel should have issued a mayday call after the collision.

He responded that the mayday call could have been issued by several authorities when the coxswain notified of the major incident and fatality.

“They failed, but everybody else failed as well,” Mr Simpson said.

He said the crew are “still traumatised on this day” and in the moments after the fatal collision they wanted to return to marine base.

“Nobody goes into work thinking they are going to kill someone,” Mr Simpson said.

AIS

A focus of this inquest has been on the chart plotter and Automatic Identification System (AIS), which broadcasts a vessels navigational data, which were not switched on prior to or during the pursuit.

PC Warwick said the glare of the chart plotter would obstruct a coxswain’s visibility at night, while Mr Simpson said he would dim or turn off the device.

Both men said the AIS would be switched on but raised issue with the device.

The court had heard that the AIS was required to be switched on under directions from senior management.

Mr Simpson described how the AIS would essentially notify all vessels, including suspect vessels, of the police’s whereabouts, adding that he thought the broadcast should be encrypted.

But PC Warwick said that, while before spotters would be up the Rock to view police movements, now the RGP had essentially given them the facility to view their position at all times.

This, he said, made it “impossible” for the marine unit to operate like they once did and suspect vessels were given “too much advantage”.

In turn chases at sea had dwindled, and in his view, which he said was held by other coxswains too, the AIS “wasn’t a good idea”.

It was put to him whether he should have raised this to senior management, to which he said: “Maybe I should’ve”.

“Maybe the one who did the directive didn’t know what he was talking about,” PC Warwick added.

He said there was a switch to turn off the AIS on the vessel, which he knew of but could not say if other coxswains were aware of its existence.

His evidence was that the AIS switched on automatically when the vessel turned on.

PC Warwick said radar equipment would be used in “very very small ranges” and was more effective than the chart plotter in this regard.

The inquest is being heard by Deputy Coroner Karl Tonna and a jury of nine.

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

Christopher Finch is acting on behalf of the families of the deceased.

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

The inquest is a fact-finding exercise that is not tasked with apportioning criminal or civil liability.

The jurors, however, may make recommendations after hearing the evidence if they decide this is appropriate.

The inquest continues.