Driver acquitted after she was not given her legal rights

Stephanie Bondin of Dingli, 36, was acquitted of charges relating to a road traffic incident in Rabat in June 2023, after the court found that the prosecution failed to give the accused her legal rights and to reach the standard of proof required.

Bondin had been accused of negligently causing grievous bodily harm. She allegedly struck the victim while driving, who claimed to have been crossing the road on a painted traffic island.

In her initial account, she described taking a bus to Rabat and that she began crossing the road via the "island”.

She recounted the accused’s car swerving recklessly into the next lane without switching on the indicator, subsequently hitting her and causing her to fall on her back. Bondin assisted her and took her to the Rabat Polyclinic, where police later arrived.

The charge sheet also alleged the offences occurred on 30 June.

In her second testimony, however, the victim gave a different date, stating that the accident happened on 29 June 2023 and produced photographs taken two days after the incident.

The court identified two major issues that undermined the prosecution’s case. Firstly, it held that Bondin was not informed of her right to remain silent, nor her right to consult a lawyer before or during interrogation.

This rendered the procedure legally defective, and statements taken by police could not be relied upon. The court also noticed how the victim could not provide a consistent date of the accident.

Such contradictions, when combined with unclear descriptions of the crossing point and her movements, introduced significant doubt as to the accuracy and reliability of the evidence.

Given these deficiencies, the court concluded that the prosecution failed to prove the charge beyond reasonable doubt, as required by criminal law.

The court therefore acquitted Stephanie Bondin of the charge of involuntarily causing grievous bodily harm.

Lawyers Nicholas Mifsud and Mario Mifsud were defence counsel.