Motorist cleared of causing collision owing to lack of conclusive identification
A car crashed into another vehicle in St Julian's, and did not stop
A man who was accused of driving into another vehicle, was let off the hook on Monday after witnesses could not all positively identify him.
Denilson Gialanze, 23 of Paola, was accused of negligent and dangerous driving along St Andrew’s Road in St Julian’s on March 4, 2024.
He was further accused of allowing someone to drive his car without being covered by his insurance, of using a vehicle which was not in a good state to be driven and of being involved in a collision and failing to stop or report it to the police.
The owner of the second vehicle and his wife both took the witness stand during the proceedings. They said they had driven past Pender Gardens on their way to Regional Road when another vehicle crashed into them.
The man chased after the car that had driven into them as his wife called 112. The pair were told off by the police and told to stop chasing the car and instead report to the police station. They took down the number plate details and reported to the police station.
While the husband recognised the accused in court, the woman did not and indicated another person.
The court held that their testimonies were “contradictory” and “inconsistent” and the accused had not been identified by one of the two main witnesses. This was a significant “discrepancy” that cast a “substantial” doubt on the driver’s identity, the court said. It acquitted the accused of all charges due to lack of identification.
Magistrate Yana Micallef Stafrace presided. Lawyer Amadeus Cachia appeared for Gialanze.