Gaffarena cleared of road rage assault on a technicality

Businessman Marco Gaffarena has been cleared of assaulting a bus driver who insulted him in a road rage confrontation.

In a sitting before Magistrate Joe Mifsud this morning, during which the bus driver was also cleared of similar charges arising from the same incident, the court heard the two men plead not guilty to assault-related charges.

Gaffarena’s Paul and Shark polo shirt was allegedly torn in the altercation, during which he allegedly broke bus driver Youniss Berrad’s glasses.

Details of the incident are sketchy. Berrad testified that at around 1:30pm “on a day in April 2015.” "I was driving my bus into Floriana from Valletta and stopped at the traffic lights. When they turned green I drove off, he ran a red light." He had shouted something at the other motorist, who turned out to be Gaffarena.

“I said that he could have had the courtesy to stop,” the bus driver claimed.

“I drove on and carried on with my day but three to five minutes later, at the bus minus, he got on the bus from the passenger side and beat me up. There was blood everywhere.”

The driver told the court that he had been cornered in the driver's seat. “I couldn't escape - I was trapped. I know there was lots of blood.. You can check the CCTV.” No footage was exhibited, however.

Marco Gaffarena also testified.

He had been waiting at the lights near the Phoenicia Hotel, he said. When the lights turned green he had tried to drive through, but was forced to stop in the junction because of traffic. “The bus tailgated me and the driver started insulting me. I asked him 'are you talking to me?' [Int lili qed toffendi?]”

The driver had told Gaffarena that if he “wanted to do something” he could meet the driver near the Tritons fountain, the developer said. “Then what happened happened “

The court, however noted that whilst the bus driver had said the incident had occurred in April, the incident had actually taken place on the 20th May. The magistrate couldn't help noting how the men recalled the incident as having taken place on two different dates almost a month from each other. This, together with the absence of any CCTV footage being exhibited led to both men being cleared due to lack of evidence.

Lawyer Keith Bonnici appeared for Gaffarena.