A driver who was conditionally discharged over a collision that took place 18 years ago, paid for damages to the other driver’s vehicle when he was never charged with causing such damages but only for injuries suffered by that driver’s passenger.
Emanuel Gatt was targeted by criminal charges following the accident which took place in Triq il-Mithna, Qormi on December 17, 2006 when he was involved in a collision which resulted in grievous injuries to a woman in the other car.
Gatt was subsequently prosecuted for careless and dangerous driving, driving under the influence of alcohol or drugs, having an alcohol level beyond the legal limits as well as causing grievous injuries to the woman.
The proceedings dragged on until earlier this year, when the case was assigned to a new magistrate.
Eighteen years down the line, Gatt registered an admission to three of the charges, including that related to the injuries involuntarily caused to the victim.
When examining the evidence to determine whether Gatt was guilty of the other charges the court, presided over by Magistrate Donatella Frendo Dimech, observed that the only witness who testified in the proceedings was a medical doctor who confirmed that the victim fractured a left-hand finger.
She also suffered neck and shoulder injuries. The injuries were classified as grievous because of the fracture
Despite the fact that the doctor was the only witness, the proceedings dragged on for 17 years.
A court minute dated March 28, 2008 indicated that the driver of the other car had claimed damages to the tune of €1700. That amount included court expenses.
But what was most concerning was the fact that his name was not even mentioned in that court minute. Much less so did he testify, observed the magistrate when delivering judgment.
Nor was there any receipt or a single scrap of documentary evidence to support his claim for damages.
Yet, while the case dragged on, the accused made €300 payments to someone named Etienne Bugeja. He appeared to be a relative of the victim and was driving the car at the time of the crash.
That fact was understood through the police current incident report which, however, was never confirmed on oath.
The magistrate was “most astonished” by the fact that the court, as previously presided, had permitted such payments for damages allegedly caused to Bugeja’s car when the accused was never charged with causing damage to third party property but only for injuring the passenger.
And although he claimed damages totalling €1700, Bugeja was never even formally identified in the court records.
In light of such evidence and the circumstances of the case, the court cleared Gatt of the other charges whilst conditionally discharging him for 40 months over those charges he pleaded guilty to.
When meting out punishment, the court took into consideration Gatt’s criminal record and the fact that the case had “inexplicably” dragged on for 17 years.
The court also imposed a three-month driving ban.