In November 2003, Joe Farrugia was acquitted of reckless driving. The Attorney General appealed against this decision, claiming that the prosecution had not been given the chance to produce its key witness. When Oliver Attard, the witness in question, did not appear when called to the stand, the court denied the deferral requested by the police and found Farrugia not guilty.

The Appeals Court ruled that the first court should not have passed judgement, but should have made sure the witness’s testimony was heard. The court ordered the case to be re-appointed to a magistrates’ court to ensure fair judgement.