Magistrate's unorthodox ruling solves unlicenced driver's problem

A serendipitous courtroom intervention this afternoon may just help a young Marsa man finally sit for his driving test and avoid incarceration for driving without a licence.

Inspector Jason Francis Sultana arraigned 24-year-old Ryan Briffa, of Marsa, before Magistrate Carol Peralta on charges of threatening and obstructing a police officer in the course of his duties, breaching the peace, driving without a licence and relapsing. 

The police had stopped Briffa whilst he was driving in Kappara as he was well known to them, having been charged innumerable times, and on one occasion jailed, for driving without a licence.

On this occasion, Briffa and his passenger had got out of the car, swearing and shouting at the police officer, allegedly threatening to shoot him if he used pepper spray on him. Briffa told police that he had done nothing wrong and that the policeman was “always on his case”.

Briffa’s lawyer, Leslie Cuschieri,  told the court that Briffa was upset as the fact that he could not read or write was preventing him from obtaining his driving licence.

The magistrate noted that the accused’s criminal record contained innumerable traffic offences. “All you see is cars,” remarked Peralta, leafing through the document. “The man has even been jailed for this...the poor fellow just can’t seem to pass his written test.”

Briffa pleaded guilty and the court imposed an €800 fine, giving him 18 months to pay. It also placed him under probation for a year. Peralta congratulated Inspector Sultana on a job well done and then took a commendable, if unorthodox, approach to discourage Briffa from re-offending by appointing a probation officer with a specific brief of helping him prepare for his driving test. 

The magistrate explained to the accused that the fine was for threatening the police officer and warned Briffa not to drive without a licence again, because if he is caught, he would be personally defying the magistrate.

By a happy coincidence, just after the sentence was delivered, a Transport Malta director happened to enter the courtroom for another sitting. 

The magistrate asked him whether he could help the man and the director explained to the accused that illiterate candidates could be granted the facility of being assisted during the written portion of the licence test.