Hearsay evidence sees man acquitted of driving without licence and insurance

A man has been acquitted of driving without a valid driving licence and insurance policy after a court ruled that the prosecution's case relied on conflicting evidence and hearsay.

Keith Micallef appeared before Magistrate Nadia Helena Vella on Thursday facing three charges, including driving a motor vehicle without a valid licence, driving without a valid third-party insurance policy, and tampering with a motor vehicle licence disc by writing, drawing, altering, or adding to it.

While the defence registered an immediate admission to the third charge regarding the tampered licence disc, it fiercely contested the first two driving offences.

The prosecution exhibited three affidavits from TM officials. However, the defence argued that the prosecution’s own evidence undermined its case. The sole TM official who personally observed the vehicle at the scene explicitly stated in his affidavit that the vehicle was parked.

The defence noted that while a second official, claimed in an affidavit that the previous official had verbally reported seeing Micallef driving the vehicle, this claim amounted to legally inadmissible hearsay. Due to the fact that the only eyewitness on record confirmed the car was stationary, the defence argued the prosecution had failed to prove beyond reasonable doubt that Micallef had ever driven the vehicle.

Magistrate Vella agreed with the defence's submissions, concluding that the evidence brought forward to support the first two charges was conflicting and legally insufficient. Micallef was subsequently acquitted of driving without a licence and insurance.

Turning to the final charge of altering the vehicle licence, the defence emphasised that Micallef had entered a guilty plea at the earliest possible stage of the proceedings. The defence highlighted that while the law stipulates a maximum penalty of €1,200 for the offence, it does not prescribe a minimum fine, requesting the court to show leniency in light of his early admission and full cooperation.

Taking these factors into consideration, the court imposed a reduced fine of €500, permitting the accused to settle the amount in monthly instalments over a period of six months.

Lawyer Michaela Giglio represented Micallef.