A motorist accused of trying to run over a Gżira councillor on a street just off The Strand one afternoon almost two years ago was let off the hook on the strength of footage which did not support the prosecution’s case.
Ivan Stivala, a 41-year-old contractor, was facing charges of attempted grievous bodily harm, reckless driving, insulting and threatening the alleged victim beyond the limits of provocation as well as not being fully in control when driving.
The councillor, Jeremy Cardona, had filed a police report claiming that the “ruthless” driver, whom he identified, had revved up and swerved his vehicle, almost hitting him as he was walking along The Strand in Gżira, corner with Triq Belvedere on May 30, 2018.
The alleged victim had later testified how he had been about to cross the street when he stopped, hesitantly, upon catching sight of an approaching Toyota pickup, not quite sure whether the driver would stop.
As the man at the wheel signalled to the pedestrian to cross, the latter had done so but soon had to take to his heels to avoid being run over by the driver, who allegedly reversed, shouting swear words and insults out of the window.
“Thank God I ran because he would have surely hit me and hurt me… Then he reversed and told me “stay in the middle again so I can run you over”, the alleged aggressor had said, insulting the victim before going on his way.
An eyewitness had confirmed having heard the foul language and the driver threatening to run over the man on the street.
However, CCTV footage from the scene of the incident appeared to show otherwise.
That footage proved “crucial” in giving “a clear picture of what exactly happened” on the day of the incident, the court said, observing that the case presented conflicting versions.
The footage had failed to support the alleged victim’s version, the court said.
A number of pedestrians had crossed the street, among them the councillor, who slowly ventured onto the street, looking only to one side and stopping suddenly, looking rather hesitant, when the accused’s van left the main road and turned into the secondary street.
The vehicle had moved on “at normal speed” after allowing the pedestrians to cross and it was then that the alleged victim had quickened his pace, crossed over to the other side and continued on his way.
The court, presided over by magistrate Joseph Mifsud, observed “no reaction” by the victim, who had not even turned round in the direction of his alleged aggressor as would commonly be expected in such circumstances.
The court concluded that the footage did not corroborate the version of the pedestrian, who failed to recall the date of the incident as well as that of the eye witness who only vaguely remembered the alleged verbal insults.
In the light of such circumstances, the court declared that the prosecution had not proved its case beyond reasonable doubt, thereby clearing the motorist of all criminal liability.
While noting that judgments were to be based on evidence put forward in court rather than on media reports, the court lamented the “very dangerous habit of trial by media”.
“The courts serve as a shield for society and anyone who undermined the trust in this institution, would in effect erode the protection afforded to the people living in a democracy.”
Lawyer Ezekiel Psaila was defence counsel.