Other driver in Sheehan collision summoned to court for drunk driving

Stephen Smith pleaded not guilty to the charges

Stephen Smith (centre) emerges from court with lawyer Joe Giglio (right)
Stephen Smith (centre) emerges from court with lawyer Joe Giglio (right)
Stephen SmithStephen Smith (centre) emerges from court with lawyer Joe Giglio (right)
Stephen SmithStephen Smith (centre) emerges from court with lawyer Joe Giglio (right)
Paul Sheehan leaving court
Paul Sheehan leaving court
Paul Sheehan leaving court
Paul Sheehan leaving court

Stephen Smith, the 30-year-old Scotsman whose car was allegedly chased and shot at by ex-police officer Paul Sheehan, then security driver of former home affairs minister Manuel Mallia, has appeared before Magistrate Audrey Demicoli charged with breaching traffic regulations and drunk driving.

Smith pleaded not guilty.

Superintendent Alexandra Mamo testified that on 19 November, she had been called out to investigate the hit-and-run shooting and arrests.

Smith, who was arrested and taken to the Sliema police station, had refused to take a breathalyser test, however later changed his mind and took the test after being transferred to the Msida police station. The result was positive for intoxication, with a reading of 109mmg.

Smith had released a statement the following day where he said that he had been drinking wine and beer at Black Gold pub. As he was driving home, he “miscalculated” and hit a car, stopping further down the road to inspect the damage caused to his vehicle. At that point, Sheehan emerged from his vehicle brandishing a handgun and he drove off.

Mamo told the court that PC127 had told her that a green bottle was found in Smith’s vehicle by an officer of the RIU, but she did not have the opportunity to see it herself.

Police Sergeant David Sant, from the Sliema station, recounted how Smith had a smell of alcohol on his breath, red eyes and a stammer. “He looked agitated”, he said.

Cross-examined by the defence, Sant said that he was not aware that shots had been fired and was under the impression that it was a simple hit-and-run incident. Policeman Clyde Agius told the court that he had been given a partially empty bottle of Heineken wrapped in paper, and a mobile phone, which he had retrieved from Smith’s car. 

Police Sergeant Sandro Mangion testified that during the police search, a woman, who later was found to be Sheehan’s mother, handed a piece of plastic to the police, saying it was the rest of the mirror and that she had "picked it up earlier". 

Noel Gauci, a representative from Burmarrad Commercials, testified that the Mercedes Benz leased by the company to the ministry had suffered €3576.95 damages, including mirrors, both doors on the right-hand side and a mudguard. The costs of the mirror alone amounted €813.

Lawyer Joe Giglio, appearing for Smith, read out a list of the damages claimed by the rental company and pointed out that the damages listed in the insurance claim only referred to the mirror.

“Now if you decided to also overhaul the car, that is a different matter,” said the lawyer.

Sheehan did not testify in today’s proceedings, but is expected to testify during the next sitting on 12 February 12.