Drunk cab driver was waiting for passengers before crash into salon, court hears

A cab driver who was over the legal alcohol limit when he crashed into a Santa Venera hair salon told police he had been waiting for passengers, a court has heard.

Abdi Salaan Mahamad Abditon Ali had a reading of 107.3 micrograms of alcohol per 100 ml breath, when the legal limit for cab drivers is zero, after the crash into Marica’s Salon, on Cannon Road, on August 7.

A court on Monday heard that he gave a statement to police, in which he said he was waiting for passengers just before the collision.

"Thank God no one requested a cab… It could have resulted in fatalities,” police inspector Nathan Bugeja told the court. 

The 42-year-old Somali national stands accused of driving in a negligent, dangerous and reckless manner, causing damage to third property, and driving under influence. He denies the charges.

The salon was still closed at the time of the incident and there were no injuries.

A police constable testified about receiving a call regarding the collision, with the initial information stating that the vehicle had crashed into a “house”. When the witness got onsite, he found the owner, Marica Baldacchino, who had not seen the incident.

The witness went to Mater Dei Hospital where he spoke to the driver. He returned back when another constable was subjecting the driver to the a breathalyzer test.

The constable underlined that a cab driver’s limit is 0 μg/100ml.

During Monday’s sitting, the prosecution and defence made submissions on bail. Police inspector Bugeja objected due to the seriousness of the crime. 

Bugeja also highlighted that although the man’s address on his official documents and the charge sheet state that he lives in St Paul’s Bay, the police accompanied him to a Ħamrun address to collect his passport.

Defence lawyer Francesca Zarb counter-argued that the defendant has been in Malta since 2008 and this was his first brush with the law. He was granted subsidiary protection and has a residence permit.

The lawyer observed that the court as presided hears cases on traffic collisions and argued that individuals with the same charges are brought before it under summons not under arrest.

Zarb also argued that whether the man is granted bail or otherwise, the amount of damages would not be affected.

Bugeja rebutted the argument stating that usually collisions do not involve third parties, nor do they involve damages running into thousands of euros.

While an exact figure was not given during Monday’s sitting, the damages sustained are between €10,000 to €15,000. These will be confirmed once the salon owner takes the stand.

The police inspector also added that the man poses a risk to the public.

Zarb observed that two of Ali’s friends were present in the courtroom, with one of them willing to host him. The friend told the court that he came to Malta in 2006 and has known the accused for the past eight years.

The court then asked the accused whether he held a bank account, signalling it was willing to grant bail, only if a bank guarantee could be made.

After establishing that Ali lacked a bank account with a local bank through which he could guarantee at least €10,000 in favour of the victim, the court denied the man bail.

In its decision, the court held that it does not have the peace of mind he would be able to satisfy all conditions otherwise imposed by the court in a bail decree, even though at this stage, the man is presumed innocent until proven guilty.

The case continues later this month.

Magistrate Victor Axiak presided.Police inspectors Nathan Bugeja and Rachel Aquilina prosecuted. Lawyer Francesca Zarb appeared for the accused. Lawyers Zack Esmail and Kayleigh Borg appeared parte civile.