A man accused of off-roading in Majjistral park was allegedly driving without a license or insurance cover and with no license plates on his motorbike, a court heard on Monday.

Magistrate Elaine Mercieca was hearing the case against Matthew Gauci, a man who was accused of off-roading illegally within the bounds of Majjistral Park, a Natura 2000 site listed as a special area of conservation.

Ranger Camilla Appelgren, who patrols the park with a team of rangers, said she observed the accused driving his motorcycle in the park on four separate occasions between February 4 and March 12, 2021.

The man’s driving was something of a concern to the rangers, she said, other than it not being permitted in the park, the bike was being driven at excessive speeds in a way that potentially endangered others, she said.

The rangers had grown accustomed to the accused as they recognized his bike, Appelgren said, and that he wore the same distinctive clothing on each occasion. 

On the final sighting on March 12, Appelgren said she again spotted the accused driving his motorbike in the park and waited for him at one of the park’s exits near Popeye's village. Gauci was wearing a helmet without a visor and had sunglasses on, she said, which he took off when he saw her at the park’s exit. While she attempted to flag Gauci down to talk to him, the accused sped off.

Appelgren said she was able to identify the accused through a Facebook group where photos of Gauci competing in motocross competitions on the same bike and wearing the same distinctive clothing were posted, information which she then passed on to the police.

“Off-roading is totally illegal in the park, the only way to enter it with a motor vehicle is to apply for a permit with the park’s board,” she said.

“Even then it is only permitted for farm use and hosting events and it is contained to a very limited area of the park to prevent disturbances.”

When asked by the prosecution, she confirmed that no permit had ever been issued for the accused.

Defence lawyer Jacob Magri asked Appelgren how she was able to identify Gauci given that in the photos exhibited the driver of the mirror cycle had always been wearing a helmet.

She replied that the bike and the clothing had been consistent in every sighting and as he didn’t wear a visor with his helmet, she could recognize his features, she said.

The court also heard from the police officer who was tasked with finding Gauci, who said the police station had received reports that the accused was riding a very particular motorcycle without license plates and with no licence or insurance cover. 

The officer went to Gauci’s house in Mosta where he found his parents. The parents agreed to call Gauci and over the phone the accused agreed to meet the officer at a location in Burmarrad to speak.

After informing him of his rights and Gauci consulting with his lawyer, the accused first denied being the motorist pictured and said that the bike he owns was in a garage in Mosta, but this was not the bike filmed driving in Majjistral.

After a while, Gauci took police to a field in Burmarrad where the bike in question was being kept in a locked tool shed. 

Gauci produced the keys to the shed and then proceeded to admit to police that this was his bike and it was him in the photographs that police had shown him.

Although Gauci had bought the motorcycle, he told him that he was paying it by instalment, the officer said, and despite having no money to register the bike or pay insurance for it, he had decided to use it anyway, police testified.

It was after this that the officer informed Gauci that this was both dangerous and illegal and that proceedings in court would be filed against him, he said.

Questioned by the defence whether he had made inquiries into who owned the Burmarrad field, the officer replied that Gauci had produced the keys for the tool shed and locked it back up when they were finished with the bike.

The case was deferred to December for judgment.