In a separate judgement, the driver of the other vehicle, who was also charged in connection with the same traffic accident, was fined Lm200 for refusing to take a breathalyser test and had his driving licence suspended for one month. The traffic accident took place at 2.30am on 27 February 2000 in Tower Road, Sliema. Stephen Zammit, 29, from Zabbar who was driving a motorbike in the direction of Sliema centre, crashed into a car that was being driven by Alex Vella, 33, from Siggiewi. Charlotte Micallef, at the time Zammit’s girlfriend, was the pillion rider. She was seriously injured as a result of the impact.

In her judgement, Magistrate Consuelo Scerri Herrera said that according to witnesses who testified in court, it was evident that Zammit was on the wrong side of the road when the accident took place. Zammit was also seriously injured during the accident. He said that even though Zammit tried to avoid the impact, he was driving dangerously and as a result, Ms Micallef was seriously injured.

In another judgement in the case filed against Vella, Magistrate Scerri Herrera said a police sergeant testified that Vella refused to take a breathalyser test and that Vella never contested this testimony in court. She added that even though witnesses said Vella stank of alcohol and was not even walking straight, there was no evidence to prove that he was really under the influence of alcohol when the collision took place.

She said refusing to take a breathalyser test was a crime in itself and fined Vella Lm200 for refusing to take the test. She also disqualified him from driving for a month.

Magistrate Scerri Herrera cleared Vella of the other charges related to causing the traffic accident, dangerous driving and causing serious injuries as a result of reckless driving.

Police inspector Mario Bonnici led the prosecution of both cases.