Appeals Court orders prosecution to regularise position on case details

The Court of Appeal presided by Mr Justice David Scicluna ordered that a court case over a traffic accident seven years ago, is sent back to the first court for the prosecution to regulate its position over the actual date of the incident.

In the early hours of 14 November 2007, Antoine Caruana was driving his Hyundai Stellar through Triq il-President Anton Buttigieig, Zejtun, when he hit Benedetto Camilleri. The victim succumbed to his injuries. The driver was charged with involuntary homicide.

On 13 March last year, Caruana was convicted and handed a two-year jail term suspended for four years and fined €2,000. The man was also ordered to pay €1,770 in court related expenses. Nine days later, Caruana appealed judgement.

The defense counsel argued that the court summons issued for Caruana related to a traffic incident which happened on the 14 November 2007. However all evidence pointed to an incident on 14 September 2007. No traffic accidents were registered on the day shown on the summons. The prosecution failed to amend the charges accordingly.

The Court of Appeal said that while the date appearing on the summons was wrong, the accused was aware of which incident the case related to. “Neither of the sides highlighted this issue during the proceedings. The accused knew the November date was wrong, yet the defence submissions did not mention this but argued the incident dynamics.

"While the first court could not convict the accused of an incident which never took place, neither can this court now fully acquit him, since he knew which accident the proceedings related to”, the judge said.

Mr Justice David Scicluna revoked the March 2012 judgement and ordered that the acts of the case be sent back to the Criminal Court for the prosecution to regulate its position.