Insurance rep saves the day for car owner

A Court of Appeal changed the sentence handed to 26-year old Mirko Giannetti, and reduced his €2,600 fine to €230, after acquitting him of a charge he had been convicted of.

The case dates back to 27 March 2011 when at around midnight, Gianetti was driving his vehicle in Birzebbugia towards Triq Ghar Dalam.

Police officer attempted to stop the driver for a spot check however the driver sped off. After being apprehended, Giannetti was charged and convicted of negligent and dangerous driving, over-speeding, driving with an expired driving licence and driving an uninsured vehicle. In July 2012, he was convicted of all charges, fined €2,600 and had his licence suspended for a year.

However the accused appealed the last charge stating the car was in fact insured.

The court held that the prosecution had issued the charge of driving an unlicensed vehicle simply based on the fact the car's license was not renewed. A Third Part Driving Insurance document covering the period of March 2011 was exhibited during the appeal proceedings.

A representative of the insurance confirmed under oath the vehicle was insured in the name of the accused's father, who was also the only authorised driver. "But if damages were incurred by third parties, the insurance would have covered such damages irrelevant of who was driving the vehicle. The insurance would then file against any driver other than the father in order to recoup payment," the witness explained.

Taking into consideration the testimony of the insurance officer, Mr Justice Antonio Mizzi acquitted the Giannetti of the charge of driving an uninsured vehicle and reduced his €2,600 fine to €230 and suspended his driving licence for three months rather than a year.

Inspector Maria Stella Cutajar prosecuted.