Stephen Smith, the man on the receiving end of a number of shots fired by the former Home Affairs Minister Manuel Mallia's driver, today was charged with drunk-driving and damaging the Minister's car, but no hit-and-run charges were issued.
The incident which happened on 19 November and had been initially described by the government as a hit-and-run during which two warning shots were fired by Dr Mallia's driver Paul Sheehan.
An independent inquiry into the handling of the incident commissioned by the government eventually led to the resignation of the Home Affairs Minister last December and a demotion for acting Police Commissioner Ray Zammit.
Smith admitted to drink driving
When interrogated by the police after the incident Smith admitted to drinking wine and beer at Black Gold in Sliema.
He was found to be over the legal limit when he was breathalysed.
Police Sergeant David Sant said he could smell alcohol on Smith's breath. He said the accused was red-eyed and stammering at the Sliema police station. He initially refused to be breathalysed, only agreeing when he was later taken to the Msida police station.
Defence lawyer Joe Giglio asked PS Sant whether he had considered that Smith was red-eyed and stammering because he had just gone through a huge ordeal, having had shots fired at him.
PS Sant said he had been informed by the control room that Smith was involved in a hit-and-run incident and the full details only emerged later.
"Did they tell you warning shots were fired by any chance," Dr Giglio asked sarcastically, to much laughter in the courtroom.
In a statement given to the police, Smith said he hit the Minister's car in Gzira due to a "miscalculation." He told police he stopped his car a bit further down the road in order to assess the damage.
At this point, Sheehan emerged from his mother's home wielding a firearm. At no point did Sheehan identify himself as a police officer, Smith claimed. On seeing the firearm, Smith got back into his car and fled the scene. He heard a number of shots being fired at the car and kept on driving.
According to Sheehan's version of events, he came out of his mother's home when he heard a loud sound. His neighbours pointed him in the direction of Smith's car and he gave chase in Dr Mallia's car.
A representative from Burmarrad Commercial, from where the Minister's car was rented, said the damage to the car amounted to €3,576.
Four paragraphs from police report deleted
Four paragraphs from the original police incident report were deleted and Smith's car was put on a low-loader against Superintendent Alexandra Mamo's instructions.
Ms Mamo told the Court she was informed about the incident by the former acting police commissioner Ray Zammit. She instructed officers on the scene not to touch any of the evidence as a Magisterial inquiry had been ordered.
On arrival at the scene at the Santa Venera tunnels where the dramatic chase ended, Ms Mamo said Smith's car was already on the low-loader. Officers on the scene told Ms Mamo the car was going to be taken to the police garage. She phoned the Police Commissioner, who instructed her to leave the car there.
She said to the best of her knowledge, the official GM 14 number plates had already been removed from Dr Mallia's car and replaced with the rental plates by the time she arrived. She ordered an Officer to guard Dr Mallia's car as Sheehan's firearm was in the car's boot.
Another Officer testifying today, Sandro Mangion, told the Court that the initial order to load up Smith's car came from Mr Zammit.
The Officer said Sheehan was not handcuffed and was moving around the crime scene freely. At no point were any instructions received to arrest Sheehan, the Officer said.
When he went to the scene of the initial accident in Gzira, a woman later identified as Sheehan's mother handed him some plastic from the damaged wing mirror.
Another Officer on the scene said the bottle allegedly used by Mr Smith to threaten Sheehan with was wrapped "in paper" and placed in an evidence bag. It was then handed to forensics.