Caruana Galizia acquitted of ‘hit-and-run’ and let off with €15 fine

In a sitting that lasted close to two hours and saw nine witnesses take the stand, Magistrate Claire Stafrace Zammit acquitted Daphne Caruana Galizia of leaving the scene after the incident and of insulting the driver of the other vehicle, but found her guilty of not obeying police orders when she did not go to the police station claiming that she was too tired, yet she went out to a restaurant in the same locality as the police station suggested to her by the police. She was fined €15.

At the beginning of the sitting the Magistrate demanded why the police did not present any affidavits given the case was up for summery proceedings and Inspector Jason Sultana held that due to the particularities of the case the officers chose to testify viva voce rather then presenting statements.

Also at the start of the hearing the accused presented a medical certificate for her absence from court in the previous sitting.

Taking the witness stand, Inspector Jason Sultana told the Court that on September 27 he was informed by a police sergeant from the Msida Police Station that there was an accident in the Mater Dei Car Park and one of the vehicles had left the scene. The alleged victim Keith Grima had reported at the police station that a BMW with registration number DCG001 had crashed into him, the driver called him, "Ja hamallu itlaq l'hemm", and left the scene. Investigations resulted that the car belonged to columnist Daphne Caruana Galizia and the Inspector instructed that the accused is spoken to and her vehicle inspected.  Officers from the Msida station called at residence of the accused but although the BMW was in the driveway nobody opened the door. Three days later the inspector spoke to Daphne on the phone and asked her to call at the Msida Police station but she refused and insisted that if the Inspector keeps calling her she will inform the Police Commissioner. The inspector again called the accused in the presence of his superiors but this time the call was answered by the husband of the accused who informed him that they were in Gozo but the vehicle could be inspected the following day. The Police managed to inspect the BMW on Sunday October 1, five days after the alleged incident.

Defence lawyer Roberto Montalto asked Inspector Sultana what the officers who inspected the car found. The Inspector held that he did not recall the details and the lawyer read from the police report, which stated the BMW, had scratches on its rear bumper all of which were not compatible with a recent impact.

The inspector reiterated that there were various times when he spoke to Daphne but she was always uncooperative and arrogant. "Irrelevant of where she was and what she was doing she should have dropped everything and came to the police station", the Inspector argued.

Police Sergeant Robert Fabri told the Court how Keith Grima and his wife went to the police station reporting that a BMW driven by Daphne had crashed into their vehicle and left the scene. A police officer was instructed to call the accused but she refused to go to the police station even when the officer suggested that she could go to either the Naxxar or Mosta stations as they were closer to her residence.

Constable Maurizzio Agius explained that when he called Daphne she told him that she was not involved in any collision and hence she was not going to the station. He offered her to go to the stations of Mosta or Naxxar but she still refused. Daphne informed the police constable that she had left the car park because she was afraid of the other driver since his approach could be only described as that of a 'hamallu'. She also claimed political motive behind the police report.

Police Sergeant Malcom Buttigieg stated that he was instructed by his superiors to call at the residence of Daphne Caruana Galizia and inspect her vehicle, particularly the rear bumper area. He did as instructed but although a number of scratches were visible, none were compatible with a recent incident and the bumper soil splashed all over. At the same time the accused had given the police her version of events and described the other driver as someone who seemed 'lest ghall-glied".

Constable Christian Sciberras held that he had inspected the Pajero of the person who filed the report and found that the front bumper was scratched and the left indicator was broken. Grima however never presented the police with a receipt, survey report or quotation for these damages.

Keith Grima, the person who filed the report, held that on September 27 he went to hospital with his wife. They went to the parking at level -3 and a blue BMW with registration plates DCG 001 was emerging from the parking and whilst doing so crashed into his vehicle. "I had honked twice to warn her. I got out and told her that she hit me, she stayed in the car, called me a hamallu and left". He parked instead of the accused and after his wife received the medical treatment they went to the police station to file a report. The court asked the extent of the impact and the witness replied that the impact was not huge but still caused damage of just over €200. He recognised the accused as the person driving the BMW and held that he knew who she was as she was a public figure and was well known.

The Defence asked if the parking was full and the witness held that the only vacant spot was that being vacated by the BMW. He also said that the driver of the BMW called him "pastas u hamallu" after he told her that he will go to the police.

Wife Andrea Grima explained that she went with her husband to Mater Dei to receive treatment concerning her pregnancy. When they got to the parking a car was leaving so they waited but the other car crashed into them. The wife exited the vehicle and heard the accused tell her husband that she did not hit his car and that he was a" pastas u hamallu". She took a photo of the BMW using her phone and after the treatment they went to the police station to file the report.

Daphne Caruana Galizia told the Court that on that day in September she had been at hospital with her mother since the early afternoon. When she returned to her car, the parking was half empty as it was well after visiting hours. When she got into her BMW another car blocked her path but she could not see who was behind the wheel. "I have been assaulted a lot of times, my door was burnt twice and I cannot walk down Republic Street without being insulted", she said.

The police also thought her how to check for bombs and how to behave when she feels threatened. September 27 was the same day that the PL put up billboards showing the face of the accused next to that of Lawrence Gonzi and Austin Gatt so she was even more scared and locked herself in the car. "I have been a target for 20 years, mainly by the labour media", she said. She also told the court that she has been driving for the past 18 years and has an accident every year and a half, so she has no interest in crashing into cars and running away. When the other driver moved his car and she reversed she called out to him saying, " hekk tkellimhom in-nies kemm int hamallu u pastas".

Later the same night the police called the accused but she denied crashing into the Pajero and told the officer that they were only escalating the case due to who she was. "I told them to come on Saturday when my husband, who is a lawyer, would be there as I do not trust the police at all", she told the court. At around 22:00h while she was in a restaurant with her husband the police called again and the husband took the call. The police informed the husband that officers had called at their residence to inspect the vehicle but no one opened the door.

The police again called the following day when the couple when on their way to Gozo. The husband took the call and agreed with the police that the inspection would be carried out the following day - five days after the incident. When the inspection took place the police found no marks that were compatible with the alleged hit and run.

Lawyer Peter Caruana Galizia, who is also Daphne's husband, confirmed his wife's testimony and held that he was only involved in the case from the point that the police started calling the accused.