Sentence for dangerous driver overturned on appeal

The court of criminal appeal, presided by Judge David Scicluna, has revoked a six month prison sentence handed down by the Court of Magistrates because the accused was not informed of his right to legal representation during his interrogation.

David Shaun Galea, 24, from Zebbug had been found guilty by the court of Magistrates of dangerous driving, driving with a suspended licence, driving a vehicle without insurance, driving dangerously and on the wrong side of the road and of relapsing, but had appealed the judgment.

In his appeal, lawyer Andy Ellul, had argued that when Galea and his father were interrogated by the police, they were not given the usual caution or informed of their right to consult with their respective lawyers. Furthermore, he claimed that the father was not a competent prosecution witness at law due to his consanguinity with the accused.

On the charge of recidivism, Galea had argued that none of the judgments presented in court by the prosecution were certified to be authentic.

The court revoked the sentence, holding that while Galea had voluntarily gone to the police station after his father had reported him to the police and therefore was not under arrest, this did not change the fact that once the decision to interrogate him had been made, he should have been informed of his right to have his lawyer present.