The magistrates’ court yesterday conditionally discharged a man from Cospicua for two years after he was found guilty of involuntarily causing the death of his wife and 18-month old son, during the 2001 Freedom Day Regatta.

The court, presided over by magistrate Audrey Demicoli, found John Paul Cesare guilty of involuntarily causing the death of his wife Josianne and his 18-month old son Jean Luca Cesare on 31 March 2001, when he left them in the car which rolled off the edge into the sea.

The court heard how Cesare parked his car in an empty space, facing the sea, only three metres away from the edge which did not have a barrier or bollards.

In his testimony, Cesare said that, before he got out of the car, he secured the handbrake, put the gear in reverse and left the key in the ignition. He also said that his wife was sitting in the front passenger seat with the baby sitting in her lap.

He also testified that his wife did not know how to drive and did not know how to swim.

However, court experts said that the gear was not found in reverse, but in third gear, and that the handbrake was defective. They also found that the car key in the ignition switch was in the “on” position.

In her judgement, magistrate Demicoli noted that Cesare was careless and negligent on two counts, because he knew that the handbrake was defective but he still parked his car, with his wife and son inside, three metres away from the sea where there were no bollards and barriers.

She also noted that he left the key in the ignition when he knew that his 18-month old son was sitting on his mother’s lap and, as a result, there was a possibility that he would try to play with the key.

Furthermore, she added, Cesare also knew that his wife did not drive and would not know what do to if the baby tried to play with the ignition.

Magistrate Demicoli said that with a measure of foresight, Cesare could have stopped this tragedy taking place, as it was predictable.

In handing down her judgement, magistrate Demicoli said that the tragedy itself was the greatest punishment that Cesare could be given and, as a result, conditionally discharged him for two years.

Police Inspector Alfred Mallia prosecuted while Dr Joseph Giglio and Dr Jose Herrera appeared for Cesare.