A magistrate has warned that a Court of Criminal Appeal decision ordering a retrial for a driver convicted of running over a woman at a zebra crossing could lead to "secondary victimisation."

The case concerns 29-year-old Renald Aquilina, accused of hitting Moira Cauchi in 2016 while driving along the Gżira seafront at an alleged speed of 110 km/h. Cauchi spent months in intensive care and never fully recovered. In July, Magistrate Victor Axiak sentenced Aquilina to nine months in prison.

Earlier this month, the Court of Criminal Appeal-presided over by Madam Justice Consuelo Scerri Herrera-ordered the case to be reheard for a third time because Aquilina had not been formally warned of the legal consequences of pleading guilty. This issue was raised by the court itself, not by the defence.

When the case returned to Magistrate Axiak on Tuesday, he recused himself, saying that continuing to preside could indirectly harm the victim and others through secondary or even tertiary victimisation.

The defence argued that the magistrate's remarks could influence future proceedings.

"With reference to secondary victimisation, this may have implications that directly affect the right to a fair hearing," they said, adding that once the case resumes, they will request that his comments be removed from the file to avoid influencing the outcome.

Magistrate Axiak clarified that his comments were only meant to explain his reasons for stepping aside, and he asked for the case to be reassigned as soon as possible.

The case was first decided in April 2023, when Magistrate Yana Micallef Stafrace sentenced Aquilina to one year in prison, suspended for four years, citing his age and a social inquiry report. She also fined him €1,200, imposed a treatment order, and banned him from obtaining a driving licence for three years.

Both the prosecution and defence appealed, leading to the sentence being annulled and the case sent back for re-sentencing.

Aquilina later appeared before Magistrate Axiak, who in July 2025 jailed him for nine months after he pleaded guilty. He was found guilty of reckless, negligent, and dangerous driving; causing injuries to Moira Cauchi; and damaging another vehicle. He was again disqualified from holding a driving licence for three years.

Lawyers Franco Debono and Charles Mercieca represented Aquilina, while lawyers Joe Giglio and Jeannine Giglio represented Cauchi.