Updated 12.10pm
A man accused of killing two motorcycle riders while drunk and high was driving at “high speed” on the opposite side of the road, eyewitnesses told a court on Friday.
Two men who witnessed the May 6 tragedy both testified that they saw a Smart car smash into a small motorcycle carrying two men on Triq iż-Żejfa, Mosta in the early hours of that morning.
They both identified Karl Vella Petroni, 41, as the man behind the wheel of that car.
The crash killed Faizan Muhammed and Ali Abbas, two Pakistani nationals who lived in St Paul’s Bay. Police have charged Vella Petroni with involuntary homicide and say he tested positive for alcohol, cannabis and cocaine following the crash.
Vella Petroni is also alleged to have been driving without insurance cover at the time.
When the case against him began on Friday, the court heard that two separate eyewitnesses had witnessed the 5.50am crash.
One was driving a car a few metres behind the Yamaha Crypton motorcycle. The other was out for an early morning jog while training for a marathon.
Both recalled seeing Vella Petroni’s car driving on the wrong lane while heading from Mġarr to Mosta on Triq iż-Żejfa.
The jogger told the court that the car was being driven at “high speed”. The car driver said that the Smart would have smashed into his Audi, had it not crashed into the motorcycle in front of him.
“I was stunned [tbellaħt],” he testified. "I was in a great state of shock. I stood on the pavement until the police arrived and spoke to no one.”
One of the motorcyclists was pronounced dead at the scene. The other died a short while later after being rushed to hospital.
A police sergeant who was one of the first people to reach the crash site told the court that he could smell alcohol on Vella Petroni, who looked tired with “black” eyes.
Vella Petroni told him that he had rushed out of his home after a friend called him saying he needed “help”. He did not elaborate.
Police escorted Vella Petroni to Mater Dei Hospital for blood and urine tests. A breathalyser test resulted positive, with a reading of 45.5.
The accused was taken to Mosta police station later that morning to give police a statement while accompanied by his lawyer, but was then returned to hospital after he complained that he was feeling unwell. He was cooperative throughout, the sergeant testified.
Despite the court having heard all civilian witnesses and the prosecution saying it would not object to granting Vella Petroni bail, the court decreed that he was to remain in custody for the time being.
Magistrate Marse-Ann Farrugia said it was “premature” to grant him bail at this stage and ordered that he be placed under a temporary supervision order, to see if he requires further help. She also instructed a probation officer to draw up a report about the accused.
The case continues on June 2.
Lawyers Charles Mercieca and Gianluca Caruana Curran are representing Vella Petroni. Inspector Godwin Scerri is prosecuting. Lawyer Matthew Xuereb is appearing on behalf of the victims’ families.
As it happened
No bail
11.45am The accused will not be going home today – the magistrate has decided that it’s “still premature” to grant him bail and said the court is still not reassured about his trustworthiness.
The court recommends that Vella Petroni be assessed to see whether he needs help, and places him under a temporary supervision order.
Bail anxiety
11.35am There’s silence in the courtroom, as the magistrate considers the bail request. The accused sits alone in the dock, his head bent and hands on his lap. His family members are behind him.
Prosecution will not object to bail
11.25am The defence once again asks the court to grant Vella Petroni bail, now that civilian witnesses have testified.
The prosecution will not object to granting bail, but it tells the court that, given the gravity of the charges, it wants the accused to pay a hefty deposit, be required to sign a bail book and stick to a curfew.
It’s now up to Magistrate Marse-Ann Farrugia to decree on the bail request.
Evidence bags presented
11.20am There won’t be any more testimonies today.
Before the hearing is wrapped up, the prosecuting inspector presents various exhibits seized from the crash site: things belonging to the two crash victims.
There’s a bag belonging to Mohammad, another bag belonging to Abbas, and a bag containing two helmets. The helmets were found close to the motorcycle, the inspector says when asked by the defence.
The three sealed bags are presented to the court as evidence, with an itemised list of the items they contain on the outside. We are not told what the individual items are.
No words exchanged with driver
11.15am The jogger was training for a marathon and running from the Mosta area towards Mgarr. He was running against the flow of traffic, he explains. He tells the court he did not speak to the car driver.
The man lying on the pavement had blood in his mouth. He was wearing a helmet, his shoe was missing and his leg was broken. He was not responsive. The man in the field was not breathing.
He is asked if he remembers what he and the Audi driver – the other eyewitness – told each other. But he cannot recall.
Jogger saw Smart driving at high speed
11.10am The court is now hearing the testimony of the crash’s second eyewitness – a jogger who happened to be in the area at the time.
The jogger says he saw a Smart car driving on the wrong side of the road and crashing into a motorcycle. The Smart was heading in the direction of Lidl Mosta and was driving “at high speed”, he testifies.
It swerved and crashed into the motorcycle, ending up on the pavement on the opposite side of the road.
The jogger says they saw the driver get out of the car. They identify the driver as Vella Petroni.
Riders were wearing half-helmets
11.04am Defence lawyer Charles Mercieca is cross-examining the witness.He wants to know if the victims were wearing helmets – “I think the person on the pavement was, the other I don’t think so,” the witness says – and who the witness spoke to about the crash.
“I spoke to the police and with family, to open up about what happened,” he replies.
The witness tells the magistrate he thinks the two riders were both wearing half-helmets before the crash.
Eyewitness: I was stunned
10.59am The motorist who saw the crash first-hand is testifying. It was around 5.50am and he was heading to work from the Lidl Mosta area towards Buqana. At the roundabout, he gave way to a motorcycle and followed it up the hill.
It was a red motorcycle and small, “like a scooter,” he tells the court. He was no more than 10 metres away from it, driving at around 60km/hr. Then the crash happened.
“A car crashed into the motorcycle,” he recalls. “It came from the opposite direction and ended up in my lane.
The driver got out of his car and realised it was a bad crash. “I was stunned [tbellaħt],” he testifies. He then rushed back to his car and dialled 112, requesting an ambulance.
The car involved was slightly on the pavement. A man was lying in a field, not moving. Another was lying face-down on the pavement, also not moving. The driver remained in his car. The witness says he did not approach him. He identifies the driver as Vella Petroni in court.
"I was in a great state of shock. I stood on the pavement until the police arrived and spoke to no one. Other bystanders stopped, I didn't speak much."
A 125 motorcycle
10.45am Answering a question by the defence, the witness says the motorcycle that the two victims were riding was a 125cc model.
He also tells the court that the police listed the crash site as 'Triq il-Missjunarji' rather than Triq iż-Żejfa, as the latter "does not feature" on police systems.
(According to Google Maps, the two roads are one and the same).
Discharged and then readmitted
10.40am Vella Petroni was kept at Mater Dei until around 10 or 11am that morning, when he signed a discharge letter and was taken to the Mosta police station.
His lawyer joined him at the station and Vella Petroni started the process of giving police a statement. But at that point, he reported feeling unwell and was taken back to Mater Dei, accompanied by a police officer.
Vella Petroni was cooperative throughout, the witness confirms when asked by the defence.
Breathalyser result
10.38am The accused had samples of blood and urine taken and was then breathalysed. Inspector Scerri, the inquiring magistrate and medico-legal expert Mario Scerri were all present.
The breathalyser showed a result of “45.5”, the witness tells the court. He does not explain that figure, but the number most likely refers to microgrammes of alcohol per 100 millilitres of breath. The legal limit in Malta is 35.
Vella Petroni 'looked tired'
10.33am Vella Petroni looked “tired”, Mizzi tells the court, and leaned against a wall. His eyes were “black” and it looked like he hadn’t slept in some time.
When asked what happened, Vella Petroni told the officer that he had rushed out of home to “help a friend” who asked for assistance. The magistrate asks what sort of help.
“He didn’t say,” the police officer replies.
Vella Petroni was placed under arrest at around 7am, while he was at Mater Dei hospital being checked. At that point, a magisterial inquiry into the crash was already under way.
Two eyewitnesses saw Smart cross into motorbike's lane
10.30am Two eyewitnesses saw the crash, Mizzi tells the court. One was driving behind the motorcycle and saw the Smart car cross lanes and hit the bike, sending its two riders flying.
“If the motorcycle wasn’t there, he would have hit me,” the eyewitness told police. Another eyewitness was a jogger whose account tallied with the first person’s.
Mizzi recalls seeing a scratch on the pavement compatible with damage on the Smart. The road had just been resurfaced with fresh tarmac a week before the crash, Mizzi explains.
The Smart car was heading from Mġarr to Mosta, and scratches showed it had crossed lanes and ended up in the opposite lane, where the motorcycle was coming from.
Rushed to hospital
10.25am Mizzi tells the court that the injured motorcyclist – Abbas – was unconscious and receiving CPR. He was riding pillion on the motorcycle.
Mizzi found two helmets and two bags in the field. Inside the bags were the men’s ID cards, allowing officers to identify Abbas and Muhammed. Abbas was rushed to Mater Dei (Muhammed was pronounced dead at the scene).
A smell of alcohol
10.22am Police sergeant Francesco Mizzi was among the first to the crash site that May 6 morning.
He recalls seeing a dead body with many facial injuries lying in a field, close to Vella Petroni’s Smart car. Another victim was being attended to by an emergency doctor.
Vella Petroni was being checked by a nurse. Mizzi says he smelt of alcohol.
The sergeant read him his rights and told him he would be breathalysed at the Mosta police station – but a doctor advised having him medically checked at Mater Dei Hospital first.
Accused in court
10.17am Vella Petroni is in court, though the hearing has not yet started. He is being represented by lawyers Charles Mercieca and Gianluca Caruana Curran.
On the opposite end is inspector Godwin Scerri, who is leading the prosecution.
Lawyer Matthew Xuereb is appearing parte civile, representing the victims' families.
Welcome
10.10am Good morning and welcome to this live blog. Karl Vella Petroni pleaded not guilty to involuntary homicide when he was arraigned earlier this month.
That means prosecutors must present their evidence against him to the court - and that process will begin today.