Court confirms acquittals for jockey, race organisers in 2013 spectator death

An appeals court judge has confirmed the acquittals of four men charged in connection with a fatal accident at a pony race, dismissing the Attorney General’s claim that the Court of Magistrates had misunderstood the facts of the case.

The appeal was filed by the Attorney General in a bid to overturn the men’s 2022 acquittals from criminal charges pressed in connection with the 2013 accident.

In October 2022, the Court of Magistrates ruled that none of the four defendants, namely the jockey, the race organiser or the two officials who rented out the premises, could be held criminally responsible for the incident that resulted in the death of 50-year-old father of five Michael Zammit and the serious injury of an 11-year-old girl.

The fatal incident occurred on 3 May, 2013, at a horse and pony racing event at the Ħal Far drag racing track.

Sandro Cutajar had been racing a pony against another sulky when the pony suddenly changed direction and collided with the plastic barriers around the track, throwing Cutajar off the sulky. The pony had then continued to run, hitting Zammit and the 11-year-old child, who were both spectators.

The girl was grievously injured but recovered after surgery. However, Zammit suffered a fractured skull and later succumbed to his injuries, having never regained consciousness.

Four people were prosecuted in connection with the incident, namely the jockey, Cutajar; the event’s organiser Pierre Cuschieri, as well as Paul Pace and Jason Camilleri, who occupied the roles of president and secretary of the Malta Drag Racing Association at the time.

The Court of Magistrates had concluded that the incident had occurred because the victims had taken unnecessary risks, finding the defendants not guilty of criminal negligence charges.

The Attorney General then filed an appeal, arguing that the Court of Magistrates had

misunderstood the facts of the case.

In his judgement on the appeal, Mr Justice Neville Camilleri observed that the witnesses heard by the court had indicated that the event had been organised in compliance with the applicable rules and regulations and had been covered by the required permits and insurance. Police officers, as well as an ambulance and a medical personnel had also been present.

The judge noted that eyewitnesses had testified that Zammit had been sitting on top of the barriers around the racetrack when the incident occurred and that the child had been walking in a dangerous area along the track.

The judge agreed with the first court’s finding that there was no evidence to show that the four defendants had displayed reckless disregard for safety during the event and their actions had no bearing on the tragic event. Neither had it been shown that the pony had bolted because of some mistake by Cutajar.

The barriers, which were the same ones used during motorsports events, had done their job, said the court, but it had been the victims who had decided to sit on top of them or leave their safety, said the court, confirming the acquittal.

Lawyers Franco Debono, Marion Camilleri, Francesca Zarb, Mark Mifsud Cutajar, Mark Fenech Vella, Josephine Farrugia Mifsud assisted the defendants.