Court ordered to rehear road rage case

A driver is to be retried after Court of Appeal rules that the first court did not follow procedures.

The Court of Appeal ordered that a case of road rage is sent back to the Courts of Magistrate to be reheard, after court procedures were not adhered to in the first judgement.

At 8:30pm on 9 July, 2013, 39-year old Joseph Cutajar was driving in Triq Dun Karm, Msida. An argument ensued between the accused and a certain Ana Maria Angela Vella, who suffered slight injuries. 

Prosecuting Inspector Maria Stella Attard charged Cutajar with dangerous and negligent driving, threatening and slightly injuring the female victim.

On 8 October last year, the Court of Magistrates found Cutajar guilty as charged and handed him a month’s jail term. He appealed judgement.

Cutajar argued that in delivering judgement, the first court omitted to mention which Act of Law one of the charges violated. Moreover the punishment handed down was unreasonable and in excess. The convicted was a family man who never had problems with the law.

Mr Justice Antonio Micallef ruled that the first court had indeed not followed proper court procedures and omitted to specify the act which the man breached. The Court of Appeal annulled the first judgement and ordered that the proceedings are sent back to the first court for the case to be re-heard.

Lawyers Franco Debono and Marion Camilleri appeared for the accused.