An Attorney General's appeal to overturn the acquittal of Luca Lorenzo Callus Randich has been rejected, with the judge determining that the collision in Marsaskala was caused exclusively by the pedestrian's conduct.

Callus Randich had previously been cleared by the Court of Magistrates of involuntarily causing grievous injury to Mahnaz Tala and of dangerous or negligent driving. Prosecutors argued that the lower court had misinterpreted the evidence and sought convictions on all charges, but the appellate court found no basis to do so.

The incident occurred at approximately 5:30am on 29 October 2022 along Triq Sant'Antnin. The area was in complete darkness due to non-functioning streetlights. Police responding to the scene found the victim lying in the roadway, with the driver's Toyota stopped further ahead. Callus Randich immediately identified himself and stated that the pedestrian had suddenly stepped into his path.

Limited CCTV footage showed the victim exiting her vehicle, crossing the road, and then standing in the carriageway while conversing with a garage owner whose entrance she had blocked. As she turned toward him, the driver's car entered the frame and struck her. Only her lower body was visible on camera.

The garage owner confirmed both the obstruction and the exceptionally dark conditions. Although the victim later claimed she had been on a centre strip, this was contradicted by the vehicle damage, which indicated a direct impact within the road rather than contact near a raised structure.

The court reviewed the respective legal duties of drivers and pedestrians, including the need for motorists to maintain vigilance and for pedestrians to avoid creating hazards. It found that the prosecution presented minimal evidence and that, given the darkness and the pedestrian's unexpected presence in the carriageway, even a prudent driver could not have foreseen or avoided the collision. The judge concluded that the pedestrian's actions alone precipitated the accident, leaving no grounds for criminal liability on the part of Callus Randich.