A driver charged over a crash that killed two men in Mosta on Saturday was under the influence of drugs at the time, a police inspector has told a court.

Karl Vella Petroni, a logistics manager from Manikata, was arrested after a police officer at the scene smelt alcohol on his breath, Inspector Godwin Scerri said.

The 41-year-old, who works in the entertainment industry, denied involuntary homicide, involuntary damage to third-party property, driving under the influence, careless, reckless and dangerous driving, driving without third-party insurance cover, breaching traffic regulations by crossing the white line as well as recidivism when he was arraigned on Monday afternoon. 

He was refused bail by magistrate Abigail Critien who pointed out that his last brush with the law had been on similar charges in 2018. 

Two men from Pakistan were killed when Vella Petroni's Smart car collided with the motorbike they were riding. Photo: Malta Police

Little detail from the accident was given during the arraignment.

The two victims, both men from Pakistan who had been living in St Paul's Bay, were riding on the same Yamaha Crypton motorcycle when Vella Petroni's Smart car smashed into them on Triq iż-Żejfa at 6am. 

One of the men, Faizan Muhammad, 33, was pronounced dead at the scene, while Ali Abbas, aged 41, was rushed to hospital and died later from his injuries.

Vella Petroni was taken to Mater Dei hospital to be treated for minor injuries.  He was granted police bail on Sunday evening on condition that he report to Mosta police station on Monday. 

When he turned up he was taken into police custody and escorted to court to face charges.

Much of the hearing was taken up with a discussion over whether the defence was planning on contesting the validity of the arrest. 

Karl Vella Petroni was denied bail, with the magistrate pointing out that he had been charged with similar offences in 2018. Photo: Facebook

During the arraignment defence lawyer Charles Mercieca said he was not in a position to contest the validity of the arrest because the defence had not been given the necessary material evidence to do so. 

The magistrate pointed out that a magisterial inquiry is secret and police must file applications to get information from it. 

Inspector Godwin Scerri, prosecuting, said that he was among the first on the site and had given the defence the suspect's statement, a receipt for his mobile, a medical certificate and discharge letter from Mater Dei, along with breathalyzer results, and the list of the charges.

Scerri said that what led to arrest of the accused had nothing to do with any information that is in the magisterial inquiry, which is secret.

The arrest happened after a policewoman at the crash site realised that the driver smelt of alcohol. That reasonable suspicion at the crash scene was sufficient for the driver to be placed under arrest. 

'Trustworthy'

After hearing both parties, the court declared the arrest valid.

Requesting bail for his client, Mercieca said that his client's father, who was present in court, was willing to step in as a third-party guarantor. The lawyer said that eyewitnesses would likely have already testified before the magisterial inquiry.

Moreover, his criminal record was "not unruly" and he is "trustworthy", the lawyer said. 

However, Inspector Scerri argued that the case was serious. He said that Vella Petroni was "under the influence of drugs" at the time of the incident, pointing out that his work in the music industry exposes him to such an environment. 

Bail was denied in view of the accused's criminal record, the fact that civilian witnesses still need to testify and the serious nature of the offence.

Lawyer  Gianluca Caruana Curran was also defence counsel.