A Norwegian man whose reckless, drunken driving claimed the life of 41-year-old Ivy Evison in a head-on collision in Gozo has been jailed for three-and-a-half years, seven years after the fatal crash.
Henrik Mandal was also found guilty of injuring six others, dangerous driving, driving while unfit through alcohol consumption and speeding.
Magistrate Jean Paul Grech found that Mandal had driven at excessive speed and repeatedly swerved into oncoming traffic before crashing into another vehicle.
The accident occurred in the early hours of 16 August 2019 along Mġarr Road in Għajnsielem, when a Jago Jeep driven by Mandal collided head-on with a Daihatsu Terios.
Evison, a Latvian fitness instructor who had been living in Malta for several years, was travelling in the back of Mandal's jeep when the force of the impact hurled her out of the vehicle. She suffered devastating head injuries and was declared brain dead, dying three days later. Two other passengers in the jeep suffered grievous injuries, as did a passenger in the other vehicle, while three other occupants sustained slight injuries.
Jeep seen swerving into oncoming traffic
The court heard how the driver of the Daihatsu Terios was travelling towards Mġarr when she spotted a jeep speeding towards them on the wrong side of the road.
She testified that she desperately tried to avoid the oncoming vehicle, but the jeep repeatedly swerved between lanes, before eventually smashing into her car. Her sister corroborated the account, describing the jeep travelling at high speed.
Both women recalled seeing Mandal emerge from the wreckage singing and swaying after the collision.
Their testimony was supported by CCTV stills showing Mandal's vehicle travelling on the wrong side of the road.
A court-appointed expert estimated that the jeep had been travelling at approximately 78km/h, well above the 50km/h speed limit. The investigation also revealed that the jeep's rear seats and seatbelts had been removed, leaving passengers without proper seating or restraints.
Mandal's defence maintained that he had swerved onto the opposite side of the road to avoid an obstacle. However, the court dismissed this explanation, noting that investigators had found nothing at the scene to support it.
The magistrate observed that the weather was fine, the road was in good condition and visibility was unobstructed. There were also no brake or skid marks to suggest that Mandal had attempted to slow down or avert the collision.
CCTV showed Mandal drinking hours before fatal crash
The court also examined evidence showing Mandal consuming alcohol in the hours leading up to the fatal collision. CCTV footage retrieved from Café Jubilee in Victoria and ic-Catra Bar in Mġarr showed him heavily drinking before getting behind the wheel. An initial blood test carried out at Gozo General Hospital registered an alcohol concentration of 176 milligrams per decilitre. However, the court could not rely on that result to determine whether Mandal had exceeded the statutory limit, since the hospital laboratory was not accredited for forensic testing. Further forensic analysis was not carried out in time, meaning the prosecution could not establish his exact blood alcohol concentration to the required evidential standard.
Mandal was consequently acquitted of the specific charge of driving above the prescribed alcohol limit. However, the court found him guilty of driving while unfit through alcohol consumption, relying on the CCTV evidence, his erratic driving and the testimony of the two women who described him singing and swaying following the impact.
The magistrate concluded that the evidence left no doubt that Mandal had consumed enough alcohol to impair his ability to drive safely.
'Vehicle used as a lethal weapon'
In determining the punishment, Magistrate Grech stressed the devastating consequences of Mandal's actions, observing that the collision could easily have been avoided had he not chosen to drive while under the influence. The magistrate warned that drivers who take to the road in a dangerous manner while under the influence of alcohol or drugs effectively turn their vehicles into lethal weapons. The court also stressed the importance of sending a clear message that human life must be protected, particularly when a driver's reckless behaviour places others at risk.
It still considered several mitigating factors, including Mandal's clean criminal record, good character and the remorse he had expressed.
The court sentenced Mandal to three years and six months of effective imprisonment. He was also disqualified from holding or obtaining a driving licence for five years. In addition, Mandal was ordered to pay the driver of the Daihatsu €4,860 in compensation for the damage caused to her vehicle, which had been declared a total loss. The payment must be made within six months.
He was further ordered to pay €7,425.36 in court-appointed expert expenses within one year of his release from prison. The prosecution was led by Inspector Josef Gauci. Magistrate Jean Paul Grech presided over the case.