Driver who killed Valletta pedestrian was five times over alcohol limit
Mildred Azzopardi, 62, was putting items into her parked car when she was hit by Benjamin Chetcuti
A breathalyser test on Benjamin Chetcuti, the driver involved in last month's fatal crash in Valletta showed him to be some five times above the legal limit, a court heard on Tuesday.
The test showed 139.2μg of alcohol per 100ml of breath, about five times the legal limit, Superintendent Nicholas Vella told the court during the compilation of evidence against Chetcuti..
The AFM soldier stands accused of the involuntary homicide of Mildred Azzopardi, driving under the influence and grievously injuring Azzopardi's husband through negligence. He denies the charges.
Mildred Azzopardi, 62, from Ħamrun, a mother of four, died at the scene on July 27 when Chetcuti's car ploughed into her car as she put items in the boot.
The victim Mildred Azzopardi.The 23-year-old accused joined the AFM as a recruit in January and on June 10 had his passing out ceremony and was confirmed as a gunner. He was posted to the Maritime Squadron on July 1.
Police superintendent Nicholas Vella from the Road Policing Unit testified on how the accident happened at Xatt il-Barrieri, where the Azzopardis had earlier been fishing.
Vella played footage from ten CCTV cameras, explaining that the accused drove around Fort St Elmo initially at 36km/hr. His Subaru Impresa could then be seen at a speed of 246.33/m in nine seconds, meaning an average speed of 98 km/hr.
The superintendent said Alfred Azzopardi, the victim's husband, was already in their Ford Fiesta while Mildred was putting some stuff away in the boot when the crash took place.
CCTV footage taken from the offices of shipping companies in the area showed the Subaru Impresa arriving at a high speed before the driver lost control and it swerved, hitting Mildred Azzopardi's car first. Azzopardi died on the spot.
Medicolegal expert Mario Scerri testified that Mildred Azzopardi sustained several bone fractures and internal haemorrhage. Her husband suffered grievous injuries and was in intensive care for a while.
He added that Chetcuti tested negative for drugs. His urine sample was sent to another expert for further testing.
Medicolegal experts Ali Sarfraz and David Pisani took the witness stand and testified jointly on the findings of the post-mortem examination which showed that Mildred Azzopardi suffered multiple injuries.
An eyewitness also took the stand on Tuesday morning. Reeves Cini explained that at the time of the incident he was at the nearby Siege Bell Memorial.
“When I arrived on site I found Benjamin,” the witness said, clarifying that he knew the accused from the time the latter worked in Valletta.
Car 'driving at high speed'
The road had already been closed. The witness said he feared the worst since his grandfather owned a boathouse in the area. He asked Chectuti if he wanted something to drink, and ran up to his home and got him a soft drink from the fridge. Chetcuti told him: “I was coming from Pixxkerija (fishmarket) side when I lost control of the vehicle and crashed into the cars.”
Another witness, Simon Bartolo said that he was having coffee nearby when a car drove past at highspeed [xkanata].
“You automatically look up when you see a car driving at that speed,” Bartolo said, adding that then “I heard a boom boom and the driver crashed his vehicle into parked vehicles.”
The witness said he went on site to help out. Someone else had already arrived, Bartolo recalled, adding that there was a woman lying on the ground and someone trying to administer CPR. Bartolo said Chetcuti seemed confused, and he overheard him saying “kont ġejt minn hemm [ħdejn il-Pixxkerija], ħaditni minn wara u tlift il-kontroll.” (I was coming from near the fishmarket, lost the rear and lost control).
A police sergeant from the Road Policing Unit said he instructed constables to take the breathalyser test. He explained that the procedure is that when people are injured, the driver is subjected to a test, with the witness telling the court that he had been told the driver smelt of alcohol. The test returned a positive result of 139.2 μg/100ml when the legal limit is 22micrograms.
Magistrate Donatella Frendo Dimech presided over the court. AG lawyer Danika Vella prosecuted assisted by police superintendent Nicholas Vella. Lawyers Franco Debono, Arthur Azzopardi and Jacob Magri assisted the accused. Lawyer Peter Fenech and Luigi Fenech appeared for the family.