'We're being punished for Tenyo's death': grieving mum can't face Christmas

The mother of a 27-year-old motorcyclist killed in a crash in July has no plans to celebrate Christmas until justice is served.

On July 26, Tenyo Kosev was riding his Honda home to Paola after a gym session when he collided with a BMW 1 Series driven by a 22-year-old from St Paul’s Bay. The driver has not been charged or named, according to the family.

“There is no Christmas, there is no New Year, there is nothing until there is justice,” said his mother, Didi Krasteva, with tears streaming down her face as she spoke to Times of Malta.

The family’s frustration has been compounded by the fact that at least one key witness who called emergency services on the night of the crash says he has still not been interviewed by police, despite repeatedly offering to give a statement.

Lianne Cutajar's Facebook post.

Krasteva and her partner, Lino Zammit, are still in the dark. The last update they received from authorities was in October, when they were told investigations had been concluded.

The original magistrate assigned to the case, Ian Farrugia, resigned in August. The family say they do not know who is now overseeing the case, despite repeated requests.

“It feels like we are the criminals, not whoever killed my son. Waiting for so long with such few updates feels like we are being punished for my son’s death,” said Krasteva.

Photos taken by police at the scene, near the junction of Triq San Andrija and Triq Prof W Ganado, show the wrecked BMW and Kosev’s motorcycle.

Zammit said he was told twice by the authorities that they could not arrest the BMW driver because the driver was not under the influence, something that upset the family.

“Why no action? They told us he was not under the influence. My son died because of his reckless driving,” said Krasteva.

She said they were frustrated at having to gather so much information themselves from witnesses at the scene.

“This is not a complicated case. We are convinced we know who was in the car, and we don’t understand why he can live his life freely to go where he wants when Tenyo is gone,” said Zammit.

Krasteva agreed, saying she was bewildered by the lack of progress months later.

The couple said multiple witnesses have contacted them to share what they saw that night.

One of the first witnesses to arrive at the scene, who asked to remain anonymous, told Times of Malta he has still not given a statement to police despite calling emergency services and asking to give a statement.

He said police contacted him and his partner a week after the crash. He explained he could not attend at the time suggested due to work commitments, but offered to go later. He said he was never contacted again despite multiple attempts on his end.

Police have not confirmed or denied the witness’s account.

He recalled that shortly before 1am, he and his partner were driving home when they saw Kosev’s body on the side of the road. They called emergency services.

He said the BMW was about 70 metres away and that, although they did not see the driver clearly, they noted the number plate. Medical assistance and police arrived shortly after.

“I am a motorcyclist myself, so when I saw Tenyo, my focus went on him because that could have just as easily been me or any of my friends,” he said.

Friends speak out

A friend of Kosev, Lianne Cutajar, also criticised the delay, saying they had waited four months without “a single meaningful update from the authorities. Four months of silence. Four months of feeling hopeless”.

She described the crash as a tragedy and said it felt as though her friend’s life did not matter.

Kosev’s memorial card used at his funeral. Photo: Lianne Cutajar

“While he enjoys his freedom, our friend lies beneath the ground, and all we can do is write posts like this in the hope that something is done, because that is how broken the system in Malta feels.”

Cutajar, who knew the victim for eight years, said: “The last time I saw him was on a Tuesday. He was on his bike and waved at me, but by Frida,y he died.”

Cutajar described Kosev as “an incredibly genuine guy and a good person all around who was ready to help anyone who needed it”.

“That is why it hurts to see such a lack of action on the case, especially for Kosev’s mother,” she said.

“She has to live the rest of her life without ever seeing her son again, without hugging him, without hearing his voice, while the man responsible sleeps peacefully every night, knowing he gets to continue his life as if nothing happened.”

The justice ministry told Times of Malta it “fully understands how difficult and painful this situation is” for the family, but stressed that the ministry is neither the investigator nor the prosecutor in this or any other case.

Furthermore, the ministry said it cannot, and will not, request information on pending investigations, and the assignment of court cases is within the sole remit of the chief justice.

It noted that the magisterial inquiries reform implemented earlier this year allowed victims or their families to request status updates on the inquiry after six months, and they encouraged the family to do so.

The police said investigations are ongoing, alongside the magistrate’s inquiry, with the assistance of appointed experts.

The victim’s family is being updated as the investigation progresses.

Note: A previous article erroneously reported that the family was told the driver was not arrested as he was under the influence.