Detained migrant sets fire to mattress in occupied block — 20+ detainees hospitalised for smoke inhalation — 7 years imprisonment via plea bargain
Criminal Court · Hon. Justice Dr. Consuelo Scerri Herrera LL.D., Ph.D. · 5 December 2025
On 5 May 2022 at around noon, Aboubaker Diakite, a Malian national detained at the Ħal Far Detention Centre, shouted 'I will pay you all back' through a window and then deliberately set fire to a mattress in a bathroom in Zone B of Block D using flammable material. Other detainees were in the building at the time. A fellow detainee intervened and took the lighter from Diakite's hand, preventing further fires. Over 20 detainees including Diakite were taken to Mater Dei Hospital for smoke inhalation. A court-appointed expert testified the fire could have had much more severe consequences as all doors were locked to prevent escapes. Diakite also broke bathroom fittings including a water pipe, causing €5,370 in damages. He pleaded guilty under a plea agreement and was sentenced to 7 years effective imprisonment.
Diakite entered a guilty plea to both counts under a joint application by the Attorney General and defence under Article 453A of the Criminal Code. The agreed sentence of 7 years imprisonment was within the statutory range for wilful arson when persons are present in the building (Art. 316(a): 6-12 years). The court accepted the agreement as falling within legal parameters and deducted pre-trial detention time. Expert costs of €1,857.19 were also ordered paid. All instruments used were subject to forfeiture. The case illustrates the serious criminal consequences of arson in a shared/occupied building regardless of the setting — the fact that the building was a detention centre and the victims were fellow detainees did not reduce the gravity of the offence.