Drug-driving law gives judiciary too little leeway, Edward Zammit Lewis warns

Labour MP Edward Zammit Lewis has joined Opposition MPs and the Malta Insurance Association in calling for the government’s bill on drink and drug driving to also account for other forms of reckless driving.

Zammit Lewis also criticised the bill for giving the judiciary very little leeway in sentencing decisions and said the chief justice should introduce a sentencing policy for certain crimes including the one MPs were currently discussing. 

Zammit Lewis was speaking in parliament on the second day of a debate on a bill providing for mandatory jail of between three and four years for anyone convicted of the involuntary killing anyone while driving under the influence of drugs or alcohol.  

“This situation gives magistrates very little leeway to account for proportionality and may create new injustices.’ Zammit Lewis warned.   

Should the bill remain as it is, someone who was just over the legal limit and, through a small mistake, killed someone would receive a very similar penalty to someone who was well over the limit and driving recklessly, the former justice minister said.

Zammit Lewis, who had many words of praise for the purpose of the bill, said that the concept of reckless driving should also be introduced in the legislation.

He said motorists were irresponsible, not only when they drank alcohol or took drugs but even when they drove in a reckless way. 

Earlier on Wednesday, the Insurance Association called on the government to clamp down on all forms of reckless driving. On Tuesday the Opposition said the Bill should be 'opened up' to all forms of reckless driving and also consider situations where people were seriously hurt and not only where they were killed.

Zammit Lewis also insisted that roadside drug testing that the government plans to introduce should be strictly scientific and empirical. He said Malta could follow the UK’s protocol in testing introduced via Regulations in 2014. 

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