Valletta fatal crash: Videos of collision shown in court

Videos of the Valletta crash that took the life of Mildred Azzopardi were shown during the compilation of evidence against Benjamin Chetcuti, a 23-year-old soldier from Paola.

He appeared in court on 29 July and was charged with the involuntary homicide of Mildred Azzopardi. The mother-of-four died after being caught in between two cars in a collision in Xatt il-Barriera, Valletta.

He was also charged with involuntarily injuring a man, the husband of Mildred Azzopardi, drink-driving, reckless driving, speeding, driving without insurance, as well as committing an offence which he was duty-bound to prevent.

He was also accused of involuntarily damaging the car which he drove, which did not belong to him, and damaging another two cars as well as two motorcycles.

Footage played out in court

Magistrate Donatella Frendo Dimech warned the people present in the courtroom that footage of the fatal incident was about to be played. She informed them that people were allowed to leave or cover their eyes, as it might be distressing, especially to family members.

In the video, Mildred Azzopardi is seen crossing the road when, just seconds later, a car is seen gaining speed and fatally crashing head-on into the victim. She was flung on the other side of the pavement, over two cars. Family members present for the sitting were visibly emotional.

Court expert Mario Scerri also testified in court. He explained how he went on scene and examined the victim immediately on site. He later went to Mater Dei and examined Alfred Azzopardi, who was in critical condition. He was also present during the autopsy of the victim and outlined that she had suffered various bone fractures and internal haemorrhages.

Scerri said that Alfred Azzopardi is now out of the ITU, but is still being treated for serious injuries.

Furthermore, he testified that Chetcuti consented to taking a urine drug test, to which Scerri reaffirmed that it came back as negative. Defence lawyer Franco Debono asked him to confirm this statement, to which Scerri replied that the test was indeed negative and that such firsthand tests are very accurate.

Court medical experts Safraz Ali and David Pisani also stated their findings in court. The conclusion was that Mildred Azzopardi had suffered from multiple blunt force injuries and had died upon impact. The most significant injuries were the lacerations of the brain, multiple skull and spine fractures, lacerations of the diaphragm and extensive abdominal haemorrhages. The medical report was presented in court.

Another witness, Reeves Cini, a Valletta resident, also took the stand. He explained how on the day, his mother had called him crying. He recalled hearing numerous police sirens and said his heart skipped a beat, fearing that something might have happened to a family member. His grandfather’s garage was located very close to where the sirens were sounding.

Cini lived in the vicinity so he rushed to the scene. Upon arriving at the scene, he saw several damaged vehicles on the pavement and many police cars. Police officers were already present and had cordoned off the area, preventing him from crossing the tape.

He said that he did not know Chetcuti personally but they politely greeted each other at times. He stated that he recognised Chetcuti as the driver and asked if he was alright. Chetcuti replied that he was fine and had not suffered any injuries.

The witness said that Chetcuti asked for something to drink. Living nearby, he returned home and came back with bottles of 7Up and Miranda. He asked Chetcuti again if he was injured, to which Chetcuti responded: “I lost control of the car while turning the corner.”

Also present was Cini’s cousins. One of the cars involved in the crash belonged to his cousin Shakira Fenech, who was in Gozo at the time. Another cousin, Scott Fenech, was at the scene. The witness said he remained there for a while to see what would happen to the damaged car.

During cross-examination, lawyer Franco Debono asked Cini about whether Chetcuti appeared to be in his senses. Cini replied: “He spoke to me normally.”

Another witness, Simon Bartolo, told the court that he had been in his room near the sea by the fish market quietly having a coffee, when he heard a car approaching at high speed. Moments later, he heard a loud crash as the vehicle collided with parked cars.

He walked to the area and witnessed a lady lying on the ground. He testified that he overheard Chetcuti telling someone that he had lost control of his vehicle.

Breathalyser test showed he was six times above the legal limit

Earlier on Tuesday, Transport Malta representative Christopher Spiteri was up first on the stand.

He said that Transport Malta was asked to provide information on Chetcuti’s driving licence. He presented documents in court and confirmed that the accused was in possession of a valid driving licence on the day of the incident. 

He also confirmed that five vehicles were involved in the collision, including the Subaru Impreza being driven by Chetcuti. The four other vehicles were a Ford Fiesta, which belonged to the victim, a Toyota Vitz and two motorcyles, a Yamaha and a Znen,  which were all parked on the side of the road.

Sergeant major Bernardette Cachia testified next. She had been asked to compile and present relevant documents on behalf of the accused’s employment at AFM. The court heard that his employment began on 13 January of this year and he was undergoing the mandatory basic training as a soldier.

On 10 June, he completed the required training and his post as a gunner was confirmed. During his training, he was stationed at the Luqa Barracks. A posting order was issued  on 1 July and Chetcuti was posted at the Haywharf Maritime Squad. When asked about his role, Cachia said that Chetcuti was still undergoing specialised training and was still being supervised. She briefly outlined his role as a gunner, stating that he was permitted to carry a weapon and even shoot.

Superintendent Nicholas Vella also took the stand. He confirmed that on the scene, three persons were present: the victim, her husband and Benjamin Chetcuti. A medical certificate regarding the husband’s injuries was presented in court.

Photos of the crime scene were shown in the courtroom. Through them, Vella identified the place of impact and the exact site of the collision.

On the scene, Chetcuti was identified and informed that he was being placed under arrest.

Vella identified the accused in the courtroom.

He mentioned the breathalsyer test which was carried out on Chetcuti. The test came back positive, resulting in a 139.2 micrograms per 100ml. The test results were presented in court.  He was subsequently taken to Mater Dei hospital and interrogated. During his statement, he chose not to answer any of the questions asked to him.

Investigations continued and police realised that various CCTV cameras were installed in the vicinity. Footage was taken from different cameras, which were recording various angles of the area. Different videos of the Subaru Impreza driving down several roads of Valletta were played in court.

Vella explained how police calculated the approximate speed the accused was driving, by noting the time the accused took to travel a certain distance. On one certain camera, he travelled 16.24 metres in one second, resulting in a speed of 59km/hour.

Vella noted that, at first stance, this distance was not excessive, but he added that this was still very high for a car emerging out of a corner.

The travelling speed of the Impreza was also calculated around the time of the incident. He travelled 246 metres in a total of 9 seconds with the average speed around 98km/h. Vella clarified that this figure did not necessarily represent the car’s speed at the moment of impact, but rather the speed it had reached shortly beforehand.

During the hearing, the magistrate also ruled that there was enough prima facie evidence to indict Chetcuti.

Attorney General lawyer Danika Vella and Superintendent Nicholas Vella prosecuted.

Defence lawyers Arthur Azzopardi, Franco Debono, Adreana Zammit and Jacob Magri assisted the accused. Lawyers Peter Fenech and Luigi Fenech appeared for the parte civile’s family.

Magistrate Donatella Frendo Dimech is presiding over the case.