The mother of a 21-year-old man who died in a traffic accident two years ago believes the courts are too lenient in suspending the licences of drivers responsible for serious or fatal collisions.

Fiona Laferla’s son, Ben, was a passenger in a rental car driven by his friend, Maxime Asacha Muehlematter, when it crashed into a wall on Triq il-Madliena in Swieqi.

Last month, Muehlematter received a suspended jail sentence and a one-year driving ban after admitting to involuntarily causing Ben’s death on September 24, 2022. Maltese traffic regulations stipulate a minimum driving ban of six months to a year, with courts having discretion over the final length based on the specific circumstances.

Speaking to Times of Malta, Fiona said: “I never wanted Max to go to jail. He was my son’s friend. Ben was very fond of him and his intention was not to kill his friend – that night they were meant to go out and come back home.

“The only thing I would change is to suspend the driving licence for a longer time. We are too soft with these things. It’s like people became immune to deaths on the road,” she said.

Her sentiments echo those of the parents of Stephanie Rapa, who was killed by a speeding driver seven years ago. They too have called for harsher penalties, especially after the courts returned the driver’s high-end sports car in November.

It’s like people became immune to deaths on the road- Fiona Laferla

A mother’s worst nightmare

Laferla recalls her son Ben as being respectful, kind and full of life.

“That summer, we grew very close,” she said. Ben had recently moved back home, was happy in his relationship and excited about his job. His girlfriend, Flo, had just moved in the week before the accident.

On the night of the crash, Ben and Flo went out with a bottle of rum to meet Max. Before leaving, Flo encouraged Fiona to write in her old diary, which she had not touched in years.

“I wrote that night about how Flo brought Ben back to me. I stopped writing at about 1.25am. The accident happened at about 1.30am,” Fiona recalled.

She was woken at 3.30am by the doorbell.

“I looked for his shoes behind the door to know he is home. I didn’t see the shoes. I just knew it was not him when I got up. I heard: ‘hello sinjura’.

“I remember not feeling my legs, opening the door and seeing the police. They told me there was an accident. They leave you there. It’s a blur.”

At the hospital, Ben was on life support with severe internal injuries. Flo, who also had serious injuries, kept asking for her boyfriend. After several days on life support, Ben died, and his organs were donated – a decision Fiona felt he would have wanted.

It was Fiona’s deepest fear realised.

A police picture of the scene of the accident in Swieqi. Inset: Ben Laferla

“I would postpone his licence out of fear – always thinking he would die in a car accident. The first funeral I ever went to was when I was 16 – it was Buddy Piccinino, who was a passenger and died in a car accident… I used to tell Ben this story,” she said.

Fiona Laferla and her son, Ben, who was killed in a road crash, aged 21.

Lingering questions

In court, it emerged that the front seatbelts were elongated but those at the back were stiff, indicating Ben and Flo had not been wearing them. After the crash, first aiders found Ben outside the car. A passer-by pulled him out to try to help.

Max’s 17-year-old girlfriend initially claimed she was driving. She later admitted she lied, thinking her age would protect her from charges. She received a conditional discharge.

A bottle of rum and another bottle of alcohol was found in the car, leading to public assumptions about the group’s behaviour. Fiona derides the “callous comments” and clarifies that Ben had had the bottle of rum for weeks.

Fiona remains unconvinced about the reported speed of 35km/hr, noting that Ben’s injuries seemed too severe.

“You know how many times my sister and I tried taking a sudden break at that speed to try to understand? I know that stupid things happen. In this case, there was a wall. But there are still questions.”

The mother says the car safety element was never explored during the court case.

“There is always a fault – but there are other things to consider that go beyond the driver: is the car properly maintained? Is the road too dark?”

Fiona was hoping the court case would give her the answers. It did not, and she found it painful when a defence lawyer attempted to discredit Ben and Flo, even though they were sitting at the back.

In the end, following a change of lawyer, Max admitted to causing Ben’s death. The prosecution withdrew charges relating to reckless and negligent driving as well as driving under the influence, because there was no material evidence that could lead to a conviction.

“I wasn’t hoping Max goes to prison because I wasn’t out for vengeance. I don’t want to persecute the boy. Ben loved him. He was his friend. That was meant to be down the road and coming back. You don’t think it’s going to happen to you… Just because Ben is not here doesn’t mean Max cannot have a life.”

And now, Fiona says, her mission is to keep Ben’s memory alive. One way of doing it by promoting a ‘Ben Lafesta’ charity event, among other events in the pipeline. “That keeps me going,” she says.