Magistrate raps police over shoddy work in open-top bus tragedy prosecution

Prosecutorial shortcomings took centre stage as the compilation of evidence against the driver of an open-top bus which struck a tree branch and killed two passengers continued.

Magistrate Joe Mifsud presided the case against Charles D’Amato, who is accused of involuntary homicide, after the fatal accident.

Last month, the court cleared the directors of the sightseeing company of criminal liability for the April 2018 incident but declared that there was sufficient evidence to place D'Amato under indictment.

In today's sitting, the magistrate noted that the prosecution was summoning a number of witnesses who had already testified in the magisterial inquiry, causing needless duplication of testimony.

You’re coming here to confirm the inefficiency of the police because they all went to the scene yet they didn’t take care to file the charges in time Magistrate Joe Mifsud

This was also the subject of a protestation by defence lawyer Franco Debono who cited a section of the Criminal Code which exempts the compilation of evidence from having to hear all the witnesses heard in the inquiry.

The court raised the point that some of the charges may be time-barred as the action was filed over two years after the incident took place. Another charge, of slight bodily harm, required the complaint of the injured party and this was not presented in the acts of the case.

The magistrate reprimanded the prosecution for needlessly summoning every police officer who went to the scene. “You’re coming here to confirm the inefficiency of the police because they all went to the scene yet they didn’t take care to file the charges in time,” observed the annoyed magistrate.

The case was put off for June.

Inspector Giannetta Grixti and Superintendent Josric Mifsud are prosecuting.

Lawyers Franco Debono, Francois Dalli, Francesca Zarb and Celine Marie Dalli appeared for Charles D’Amato. Lawyer Mattia Felice appeared parte civile for one of the victims.