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Accidental death: Verdict returned in deaths at sea inquest
Law & Order | 19th December 2025, 19:25 |
Jurors have delivered a verdict of accidental death in an inquest into the deaths of Mohamed Abdeslam Ahmed and Mustafa Dris Mohamed, who died following a collision at sea between an RGP vessel and their boat during a night time pursuit in the early hours of March 8th 2020.
Today’s decision brings to a close a protracted legal matter that has spanned over five and a half years.
In November 2021 an inquest into the matter reached a conclusion of unlawful killing. However, this was ultimately quashed in April last year following a successful appeal, leading to this second hearing.
After close to three weeks of evidence, the jury was given just one option when reaching its verdict, after Deputy Coroner, Karl Tonna, took unlawful killing off the table. Following successful submissions from the RGP officers’ counsel, Mr Tonna expressed the view that the evidence provided had not met the necessary criteria for unlawful killing to be considered – reasoning along the same lines that had led to the Court of Appeal’s decision to quash the initial verdict. As such, jurors were limited to the one remaining option when reaching their verdict: that of accidental death.
Following deliberation, the jury did, however, return their findings with several riders – comments that reflect their collective opinion beyond the verdict itself – which were were read to the court.
Jury conclusions
They included the following on police protocol:
• The police pursuit should not have happened as it took place entirely in Spanish waters
• The conduct of the RGP helmsman was in line with what a police pursuit entails
• Police navigational devices should have been turned on
• Training should be reviewed and improved for RGP officers
• CCTV should be installed on all police vessels
And made the following observations about the RGP Officers’ actions following the collision:
• A mayday call should have been made following the collision
• First aid should have been administered to those injured in the collision
• The vessel should not have been towed
• The injured should have been brought onboard.
Collision and subsequent action
On March 8th 2020, Mohamed Abdeslam Ahmed and Mustafa Dris Mohamed were part of a four man crew that boarded a Spanish RHIB off the Atunara Port, around three kilometres north of Gibraltar.
They were chased by RGP Officers abord a police boat, who suspected them of being involved in illegal activity.
The location of the pursuit and subsequent crash have figured heavily in the inquest.
We now know the RGP vessel entered Spanish waters and pursued the RHIB, resulting in the fatal collision. The RHIB was towed back into Gibraltar to RGP Marine Base, where the survivors were arrested before later being released.
The RGP coxswain that night, Officer One, has, throughout the inquest, maintained that he believed he was in Gibraltar waters at all times. His second in command that night, Officer Two, has said the same.
Both they and a third junior officer have been granted anonymity by the court.
The first inquest saw a jury return a verdict of unlawful killing. The conclusion was upheld by the Chief Justice in a judicial review two years later, but the verdict was ultimately quashed last year on three grounds. The Court of Appeal ruled that errors had been made in identifying the scope of the RGP Officers’ duty of care, that there had been a failure to direct the jurty on particular acts, including what constitutes a breach a duty, and that the coroner had misdirected the jury on the matter of serious and obvious risk of death.
On a separate note - family and friends of the deceased have protested in Gibraltar several times over the last 18 months, demanding justice for Mr Ahmed and Mr Mohamed and requesting death certificates which they said they had repeatedly been denied.
Today, Mr Tonna confirmed that the relevant paperwork would now be sent to the families as soon as possible.
‘Time for closure’
Speaking after the conclusion, a lawyer for the deceased and their families said an appeal was unlikely, and the time had come for closure. Chris Finch said there was nothing to be gained from further prolonging these proceedings, as all they were doing was bringing great distress to the families.
He noted that to date there had been neither apology nor compensation from the RGP, and that the hearings had highlighted the serious defects in the system and the personnel involved
Mr Finch highlighted the jury riders, describing the incident as “an accident that should never have happened”.