Judge warns legislative inconsistencies lead to conflicting traffic judgements
The law allows drivers to delay a breathalyser test until a lawyer is present. By that time the alcohol would have disappeared
Inconsistencies in Maltese legislation have led to conflicting court judgments in traffic accident cases, Madame Justice Consuelo Scerri Herrera said on Wednesday.
“If the law is not precise and predictable, it will result in chaos in society, which affects the rule of law,” she warned at a press conference on driving under the influence of substance abuse, organised by the Malta Insurance Association on Wednesday.
The judge cited numerous laws that, she warned, are too open to interpretation.
She recalled a case in which someone accused of driving without a licence was acquitted because the judge found he was covered by an insurance policy.
However, in a similar case, another judge ruled that being unlicensed meant the accused was not covered by any insurance policy.
Scerri Herrera also highlighted inconsistencies regarding driving licence suspensions. While the law mandated automatic suspension following a guilty verdict, magistrates had the discretion to waive it. “These inconsistencies are leading to legal uncertainty,” she said.
The judge then referred to the law on breathalyser tests, which she said is clear. However, because drivers are entitled to legal assistance due to the potential for imprisonment, they may exercise this right, and by the time the test is administered, the alcohol could have left their system.
Police Commissioner Angelo Gafà, who was also present, added that the police had proposed removing the imprisonment penalty to avoid this issue.
He said these suggestions were made regarding Bill 143, which aims to introduce random alcohol and drug tests and harsher penalties. Gafà also revealed that the police have this year conducted more breathalyser tests than ever before.
Emergency doctor consultant Michael Spiteri said his team regularly deals with emergency situations, including cases involving aggressive individuals under the influence of drugs. Last year, his team attended around 400 incidents, and so far this year, they have dealt with over 500.
Emergency doctor consultant Michael Spiteri. Photo: Chris Sant Fournier"I see all sorts of incidents across the island, involving substance abuse and aggressive behaviour, which seem to have increased,” he said.
Professor Denis Cusack, director of the Medical Bureau of Road Safety (MBRS) in Ireland, spoke about how Ireland has implemented laws to tackle these issues.
He said data from Ireland showed that people caught driving under the influence often recorded extremely high readings. On average, alcohol levels were 6.6 times over the legal limit, cannabis levels ten times over, and cocaine levels six times over.
“As a coroner, I deal with deaths on the roads. A death is a serious matter for a family. Your life will never be the same, and sometimes I wonder whether survival is better than death. That’s a horrible thing to think,” he said, adding that all human life is sacred.
“We have to balance zero tolerance and personal freedom. But our primary concern is to make the roads safe, to stop deaths, and to prevent injuries. Anything that interferes with safe driving must be stopped. This can be done through enforcement and the judiciary,” he said.
Professor Alain Verstraete, from Ghent University, said that although enforcement and legislation had improved across Europe, the trend of drunk and drugged driving remained upward.
“We have absolutely no harmonisation of laws throughout Europe. If we did, enforcement would be easier and cheaper,” he said.