Wrong date sees teenager's road accident conviction overturned

An incorrect date on charges has led to a teenager's conviction for damaging two cars in a road accident, being overturned.

Last November a court of Magistrates had found 19 year-old Nicola Testa guilty of causing involuntary damage to two motorcycles in Tower Road Sliema on 5 May 2015, fining her €400 and ordering her to pay €2001.63 in costs.

In that judgment, Testa had also been cleared of dangerous driving and of slightly injuring the owner of one of the motorcycles.

Her lawyers had filed an appeal, arguing that, although she did not deny being involved in a traffic accident, this had not occurred on 5 May, but three days later, on 8 May.

They noted that the charges had also listed the wrong date and that Testa had, in fact, denied being involved in a vehicular collision on the 5 May. The courts a insisted not only on the date, but the precise time of such incidents, it was argued.

Testa's lawyers pointed out that the charges carried with them a possible prison sentence and although Testa had only been fined, she had still been convicted of a crime.

“Nowadays it is almost undisputed that it would be very dangerous for an individual's fundamental rights if the Criminal Courts begin to accept these kinds of elementary mistakes in reaching their decisions,” they argued.

The defence also asserted that a prosecution for involuntary damage had to be started by the victim filing a criminal complaint and that there was no evidence that this had happened. This would also render the magistrate's order that she suffer the costs of the inquiry invalid.

In its decision upholding the complaint, judge Edwina Grima presiding the Court of Appeal, referred to the Criminal Code and case law, holding that "this court can never find guilt over the commission of a crime that occurred at a time different to that indicated in the charges."

Moreover, the judge pointed out that the internal police reporting system had noted the correct time and date of the incident, which had also been confirmed by the police sergeant who had investigated the case. However, the date on the charges was wrong and to further confuse matters, a police inspector's affidavit indicated that the accident had taken place on the 9 May, noted the court.

The court said that in view of the incorrect date on the charges, it was faced with an insurmountable procedural defect and therefore could not confirm the first court's sentence.

The appeal was upheld, the original sentence revoked and the driver acquitted of all charges and guilt.