Teenager, 17, denies causing death of courier in hit-and-run crash

Updated 12.55pm

A 17-year-old youth has pleaded not guilty to causing the death of a food courier and of driving under the influence in a hit-and-run crash on Sunday. 

The court ordered a ban on the name of the accused and his family, given that he is a minor, following a joint request by the prosecution and defence. 

Khim Bahadur Pun, 42, from Nepal was killed when a Maserati car allegedly driven by the 17-year-old smashed into his motorcycle at 5.20am on Psaila Street, Sta Venera.

The teenager, from Qormi, was further accused of injuring a woman, reckless driving and negligent driving, as well as driving under the influence.

The courier's motorcycle was split in two by the crash. Photos by Matthew Mirabelli.

He was also accused of speeding, failing to stop after being involved in an incident where a person was hurt and failing to inform the authorities. The underage driver was accused of driving a Maserati Levante without a licence or insurance cover. 

The boy was charged with causing damages to his father’s car, damaging the motorcycle, as well as seven other vehicles: two Toyota Vitz, Isuzu DMAX, a Peugeot 307, Mercedes Benz, Toyota Hiace and Toyota Passo.

The 17-year-old was arrested several hours after the crash, along with an 18-year-old passenger who also ran away from the scene. 

In Malta, the legal minimum age for driving a car is 18.

A third passenger, an 18-year-old woman also from Qormi, was arrested minutes after the crash, close to the scene of the crash, having suffered injuries.

Teen 'took father's car keys'

Defence lawyer Jason Grima told the court that the father of the accused found his son and took him to the police station in Marsa. 

The court asked how the minor got hold of the car key, with the superintendent explaining that the car was registered in the boy’s uncle's name but his father was making use of it. The father told the police that he always kept the keys in a drawer in the hallway furniture. On that night, the man went to sleep. The boy allegedly took the key from the drawer. 

Asked if it was the first time, Superintendent Nicholas Vella said this was the first incident, however, it seems that the accused knew how to drive as before the incident he was in other places including Mosta. 

Vella countered that the 18-year-old passenger, who was seated at the back, suffered a disfigurement to her face. The woman was found unconscious when the police arrived at the scene.

In the case of the accused, the breathalyser result was 40, which is above the legal limit. The accused was only found five hours later, and given that time had elapsed, the breathalyser score would have been higher at the time of the incident. 

'He didn't even call 112'

During bail arguments, the accused's defence lawyer observed that "everyone knows how these motorcycles are driven". He was stopped short by lawyer Jacob Magri, appearing for the victim’s family, who said that was not true in this case and that footage from the scene shows otherwise.

Superintendent Vella raised the teenager's behaviour at the scene.

 “He got out of the vehicle and walked past the victim without even calling 112,” Vella said, citing CCTV footage which captured the incident. “The passenger was abandoned while the accused and his friend left the vehicle.”

Prosecutor Danika Vella objected to bail, highlighting that a man fled the scene following the incident, and there were still civilian witnesses yet to testify and there was fear he would tamper with the evidence. 

Grima countered that there was an inquiry underway and witnesses were being heard before the inquiring magistrate. The boy’s father and the owner of the vehicle have already testified. There was also CCTV footage of the case. The vehicles involved in the case have been impounded. 

Grima referred to Benjamin Chetcuti’s case, who was granted bail after being charged with causing the death of Mildred Azzpardi. In that case, the accused was an AFM soldier who was duty bound to prevent the crime, Grima argued, adding that his client was a minor. In the case of the accused, the breathalyzer result was around 40. 

Magistrate Charmaine Galea denied bail, saying she did not have the peace of mind that the youth would not tamper with the evidence. She was also not convinced that the parents could guarantee for him in view of what had allegedly happened. The court recommended that the prison authorities take into account his age.

Lawyers Jacob Magri and Arthur Azzopardi appeared for the victim's family.