Man acquitted over conflicting evidence

Joseph Zammit, 58 of Safi was acquitted of grievously injuring a traffic police officer after Magistrate Edwina Grima held that the officer's evidence was inadmissible.

On 21 December 2007, former traffic policeman Ian Grech alleged that he was ran over by a vehicle driven by the accused. The incident happened in Triq il-Kunsill ta' l-Ewropa in Luqa. Grech was on duty at the time.

Zammit who was also charged with negligent driving, damaging a governmental vehicle, driving under the influence of alcohol and refusing to give his particulars to an officer denied his involvement in the incident.

From the witness stand, Grech alleged that while going around the 'Dinitrol' roundabout in Luqa, a van ran a STOP sign, hit him and dragged him a short distance. The vehicle did not stop. When Grech got up he saw the van was stationary and instructed the driver not to leave. The witness could not recall anything else from that moment on, saying he had fainted and that he woke up in hospital.

Witness Andrew Cilia explained to the court that he was driving along Triq il-Kunsill ta l-Ewropa when a police motorbike overtook him. The van, which was in front of Cilia moved to the roundabout. "The officer realised what the van was doing and tried to go around the vehicle but they hit each other," the witness said. He continued saying that he stopped to help the officer and realised that the van had not stopped at the scene.

The prosecution told the court that another witness had spoken to the police and given them the licence plate of the van. However witness PC 1276 Francis Zerafa stated the number plate was given to him by the victim. The court stated that in his witnessing, Grech had not mentioned this fact, but simply stated he had fainted and had no recollection of the event.

When the police enquired at the accused's residence, they found a van with damage on its side and mudguard. The investigating officers spoke to Zammit who confirmed his van was damaged but denied he was involved in an accident. Smelling alcohol on his breath the officers breathalysed the accused and found the level of alcohol in his blood was higher than that allowed by law.

However the accused argued that it was impossible that he would have hit a motorbike and not noticed. He also explained how police knocked on his door only soon after he had arrived home he had poured himself a large whiskey mixed with warm water. This was corroborated by his sister Mary Zammit, who lives with the accused.

Magistrate Edwina Grima acquitted the accused, concluding  that the evidence exhibited in court contradicts the allegations raised against Zammit.

Inspector Jurgen Vella prosecuted while lawyers Franco Debono and Marion Camilleri appeared for the accused.