Police to appeal lawyer’s ‘acquittal’ on hit-and-run, negligent driving charges

Lawyer Jan Karl Farrugia of St. Paul's Bay, son of GRTU boss and former PN candidate Vince Farrugia, was this morning acquitted by Magistrate Consuelo Scerri Herrera of a hit-and-run incident in Sliema.

He was acquitted after police failed to produce a Sergeant and a constable as official witnesses, and who arrived late in the courtroom. Farrugia's case was 33^rd on the Court's list, and Farrugia's case was the second to be called by the Marshall.

Magistrate Herrera acquitted Farrugia on the basis that no evidence was produced by the prosecutors - a Police Sergeant and a Constable - from the Sliema Police Station, who although were on their way to Court, were not formally notified to appear.

Inspector Sandra Zammit who prosecuted informed the court that the officers were not notified, while a witness Gerald Axisa had since died, and another witness, Sean Camilleri, was also not notified.

Farrugia was originally charged with having hit three parked cars in Hughes Hallet Street in Sliema on September 7, with his BMW car, and fled the scene. He was seen by a witness who left a note with Farrugia's number plate on the windscreen's of two of the damaged cars.

One of the cars belonged to Gerald Axisa who at that time was being visited by his brother Peter, who found the note and reported the incident at the Sliema Police Station.

Peter Axisa gave the number to the Sergeant, who in turn traced the owner - Jan Karl Farrugia - who denied his involvement in the collision.

According to the police report, Farrugia told the police twice that his car was at a mechanic, and it was only when the Sergeant insisted that Farrugia calls at the police station and accompanies the Sergeant to the mechanic, that he admitted to the accident, saying that there was no need to worry given that he was fully insured.

Farrugia was charged by citation to appear before Magistrate Consuelo Scerri Herrera this morning, but was acquitted within 10 minutes, after his case, the 33^rd on the Magistrate's list was called shortly after 9:15am and only one short case was heard before.

The only witness to be present was Peter Axisa, who when summoned to the witness stand, was only asked three questions by the court to confirm that it was him to lodge the report.

The Police Sergeant and the Constable who were travelling together to court, did not make it in time to the court room, while two other car owners were not present because they were not notified.

Speaking to MaltaToday soon after the case was dismissed, Axisa expressed his outrage at the acquittal, saying that it was "shocking" to see how a procedure was thrown out, when he wasn't even given the chance to say what the case was all about.

"It is odd for me to tell the media what I was meant to say in court," Axisa said, adding that it was bewildering for him to see such things unfold inside a court room.

In her judgment, Magistarate Herrera said that Axisa said that he dis not see the accident happen, that he found the note on his brother's car's windscreen, he did not know who wrote it, and that he did not have the note with him.

MaltaToday is reliably informed that the Police have immediately informed the Attorney General that an appeal will be lodged against the acquittal.

Farrugia was charged with having caused involuntary damage to three parked cars, negligent driving, fleeing from an incident, and called on the court to have his driving licence suspended.