Driver who killed biker on Christmas Eve was intoxicated, uninsured, police say

A 21-year-old unemployed man pleaded not guilty to causing the death of a motorcyclist on Christmas Eve and was granted bail.

Stoyan Gafà, a Marsascala resident, appeared before Magistrate Caroline Farrugia Frendo on Monday morning, where he was also accused of driving in a reckless, negligent and dangerous manner. He was also charged with driving under the influence and without insurance.

He faced additional charges of causing damage to his father’s car and the motorcycle being driven by the victim, Angie Marlene Mesa Gonzalez.

In court, the prosecution accused Gafà of carrying a knife outside without a licence and being in possession of cocaine and cannabis in circumstances that denoted it was not for personal use.

He was also accused of breaching a set of bail conditions, and, separately, also charged with driving without insurance cover on December 20.

He denied all the charges.

Police inspector Clive Abela explained that on December 24 at about 3.30am he was informed about a collision on Triq Mikiel Anton Vassalli between a Kia Picanto being driven by Gafà, which belongs to his father, and a motorcycle being driven by the victim.

When the inspector arrived at the scene, Gafà was arrested, and the reason behind it was that on December 20, the suspect had already been involved in a separate collision using a different vehicle.

At the time, it had emerged that he had no insurance cover, with Abela explaining that insurance companies are refusing to insure him. The main reason behind his arrest was that he was not insured on December 24.

Urine tests showed that Gafà was intoxicated after cannabis was detected.

The man was granted police bail on Christmas Day. He was asked to return to the police station on January 5 and again on Monday when he was arrested and arraigned.

Defence lawyer Arthur Azzopardi requested a temporary supervision order, highlighting that the death of his client’s mother had adversely affected his life.

The court upheld the request.

The defence then requested bail.

The prosecution objected on the grounds that he would tamper with the evidence, the man was untrustworthy, and that part of his previous bail conditions was that he would not wilfully commit another offence.

Defence lawyer Franco Debono said that one had to first see whether the victim contributed to the collision, before the prosecution objected, highlighting that these were the merits of the case and not to be dealt with at this stage.

He underlined that there was an inquiry which preserved the evidence, the man had been out on police bail for almost a month, and always cooperated with the police.

The court granted the man bail against a €2,000 deposit and a €30,000 personal guarantee, noting that there was no real fear he would tamper with the evidence.

He was ordered to sign the bail book every day.

Magistrate Caroline Farrugia Frendo presided.

AG lawyers Darlene Grima and Julian Scicluna prosecuted, assisted by police inspector Clive Abela.

Lawyers Arthur Azzopardi and Franco Debono assisted the accused.

Lawyer Charles Mercieca appeared for the victim’s family.