A driver found guilty twice of striking a pedestrian at high speed must face a third trial after the Court of Criminal Appeal ruled his latest conviction invalid due to a procedural error.
Renald Aquilina, 29, was originally convicted of running over Moira Cauchi as she crossed the Gżira seafront in September 2016. Aquilina, then working as a taxi driver, was driving at around 110 km/h when he hit Cauchi, throwing her into the air and onto a central strip. She spent several months in intensive care and never fully recovered from her injuries.
In April 2023, Magistrate Yana Micallef Stafrace sentenced Aquilina to a one-year jail term, suspended for four years, fined him €1,200, imposed a treatment order, and disqualified him from driving for three years. The court had taken into account his age and a social inquiry report.
Both the prosecution and defence appealed the decision, and the sentence was annulled, sending the case back to court for re-sentencing.
In July 2025, Magistrate Victor Axiak handed Aquilina a nine-month prison sentence after he entered a guilty plea. He was again found guilty of reckless, negligent, and dangerous driving, causing injuries to Cauchi, and damaging another vehicle. He was also banned from holding a driving licence for three years.
However, Aquilina's lawyers appealed once more. The Court of Criminal Appeal found that while the accused had been given time to reconsider his guilty plea, he was not formally and solemnly warned about the legal consequences of admitting guilt - a requirement clearly established in law.
Citing relevant jurisprudence, the court emphasised that it is the duty of the presiding magistrate to warn the accused in a solemn and formal manner before accepting a guilty plea.
Madam Justice Consuelo Scerri Herrera, presiding over the Court of Criminal Appeal, ruled that the July 2025 judgment was null and void. She ordered that the case resume before the Court of Magistrates from the point before Aquilina entered his guilty plea.
Lawyers Franco Debono and Charles Mercieca appeared for the accused.