A judge has turned down an Attorney General appeal seeking to overturn a decision that cleared four men of responsibility over a pony racing accident that killed a man in 2013.

Mr Justice Neville Camilleri found no reason to disturb the conclusion reached by the magistrate who presided over the case, throwing out the Attorney General’s arguments that the first court had misunderstood the facts.

In October 2022, the first court declared that none of the four –  the man racing the pony, the race organiser or two officials who rented out the premises – could be blamed for the incident that killed 50-year-old father of five Michael Zammit and left an 11-year-old child injured.

The court concluded that Zammit and the child had put themselves in danger by staying in an area where they ought not to have been.

The case happened on May 3, 2013 at 9.30pm when a horse and pony racing event at the Ħal Far drag racing track ended in tragedy.

Sandro Cutajar was racing a pony against another competitor when Cutajar’s pony veered to the side and crashed into plastic barriers.

The impact split the sulky and threw Cutajar off the animal, which continued running and smashed into two spectators - Zammit and the 11-year-old child.

The girl suffered grievous injuries but recovered following surgery. The rider, Cutajar, was not seriously hurt. Zammit was critically injured and never regained consciousness. He was eventually declared brain dead. Doctors attributed his death to a fractured skull and necrosis due to blunt trauma.

Police pressed charges against four people involved in the incident: the rider, Cutajar; event organiser Pierre Cuschieri; and the then president and secretary of the Malta Drag Racing Association, Paul Pace and Jason Camilleri respectively.

The court cleared them of the charges.

But the Attorney General appealed, claiming that the first court had misunderstood the facts of the case and that the four should have been found guilty of criminal negligence.

Mr Justice Camilleri heard how testimony provided in court showed that all rules and regulations had been followed to organise the event.

The event was covered by the appropriate permits and insurance policy and the organiser had also arranged for additional police officers, an ambulance and a medical crew to be on standby.

Eyewitnesses told the court that the accident victim, Zammit, was seated on the barriers at the time of the incident while the child was walking along the racetrack, and not among spectators.

Mr Justice Camilleri ruled that after having examined the evidence, the court found no reason to overturn the conclusions reached by the first court which had found no evidence that any of the four people in the dock had shown any form of reckless disregard for people’s safety during the event and were therefore extraneous to what had happened.

He also noted that there was also not the slightest evidence that the pony bolted because of something Cutajar had done wrong.

Barriers used during the event were used during car events so they were designed to withstand more forceful impacts. Moreover, at no point did the pony go beyond the barriers. It was Zammit who was sitting on the barriers.

Mr Justice Camilleri concluded that the prosecution had not proven its case beyond reasonable doubt and there was no reason to change the conclusions reached by the first court.

Lawyers Franco Debono, Marion Camilleri, Francesca Zarb, Mark Mifsud Cutajar, Mark Fenech Vella, Josephine Farrugia Mifsud were defence counsel.