Man acquitted of trying to run over Transport Malta officials

A court has acquitted a man accused of trying to run over two Transport Malta officers, recommending that the authorities consider updating the highway code and incorporate parts of it into the Motor Vehicle Regulations.

Aden Christian Fenech, 19 at the time, had been arrested in September 2020 after allegedly trying to run over two Transport Malta employees in Naxxar Road Birkirkara. Fenech was subsequently arraigned and charged with attempted grievous bodily harm against the public officers, resisting them, dangerous and reckless driving, contravening a no entry sign, changing his car registration number, breaching a conditional discharge and relapsing.

Magistrate Donatella Frendo Dimech, who presided over the case, noted that the accused had issued two statements to the police, admitting in the second one to having ignored the officers’ instructions to stop, but denying attempting to run anyone over.

The court, however, said it found “more disconcerting” the fact that Fenech’s lawyer had not been informed of the charges against his client until just before his arraignment. This shortcoming, down to the fact that the prosecuting officer had been waiting to confirm them with his superiors, had rendered the letter of rights given to every person accused superfluous, observed the magistrate.

It was also noted that it was “difficult to understand what sort of legal assistance could have been given to the accused, when according to the defence, there was no information about the charges against him.”

However the court declared the statement admissible, observing that Fenech, who was assisted by his lawyer during interrogation, could have chosen not to answer any of the police’s questions and had instead opted to sign the resulting statement.

Neither was the accused a novice in matters pertaining to the courts and the police, said the magistrate, pointing to his criminal record.

However, Magistrate Frendo Dimech also observed that from the evidence it did not emerge that Fenech had the positive direct intent to injure the officials, noting that they had fortunately not been injured.

Fenech had driven in the opposite direction of traffic in the wrong  carriageway, and had accelerated when he saw the officers, probably to avoid being caught driving with false number plates, said the court, describing the maneuver as “very dangerous and reckless”.

But it was also noted that he had done this after one of the officials had stepped into the middle of the road, in the path of Fenech’s oncoming vehicle. The court reasoned that he had not intended to injure the two officials, as he wouldn’t have tried to avoid hitting them in that case.

It also observed that while it was true that the accused had completely ignored the order to stop, there was no evidence that he had threatened, insulted or offended the two officials, much less attacked or resisted arrest, as specified in the charges against him.

In view of these factors, the magistrate said she “could not but acquit the accused of the charges against him.

The court said it was time to consider revising the Highway Code to better apply to the Maltese Islands, as well as to possibly consider integrating parts of it into the Motor Vehicle Regulations. “This is being said on account of the fact that by the risky and careless manoeuvre carried out by the accused, he steamrolled over a number of guidelines which are found in this code.”

The magistrate ordered a copy of the judgement be given to the Minister for Transport, Infrastructure and Capital Projects, as well as the Chairman of Transport Malta.

Lawyer Ishmael Psaila assisted Fenech as defence counsel.