Drunk driver in Sheehan collision cleared of seven charges, gets driving ban and fine

A court has imposed a nine-month driving ban on the man who, last November, caused the traffic accident which led to a shooting incident involving the driver of former Home Affairs Minister Emmanuel Mallia, PC Paul Sheehan.

30-year-old Englishman Stephen Smith had been charged with eleven offences in total. The charges included threatening a public officer, negligently damaging Mallia’s vehicle, dangerous driving, driving under the influence of alcohol, driving whilst over the prescribed blood-alcohol limit, breaching the peace, swearing in public, threatening PC Sheehan with a glass bottle, attacking the policeman and disobeying a legitimate order given to him by a policeman.

Sheehan is undergoing separate criminal proceedings for the attempted murder of Smith, after he allegedly gave chase and fired shots at Smith’s vehicle from his service handgun, when the Englishman did not stop after clipping the wing mirror of the Minister’s Mercedes.

Smith had told police that before the accident, he had been drinking at Black Gold in Gzira. On the way home, he had remembered hitting the side mirror and door of a dark-coloured Mercedes, which had been parked at the side of the road. He said a man emerged from the car and told him to stop, but he had driven off with the other car in pursuit and shots had been fired at his vehicle.

The court had heard Superintendent Sandra Mamo had testify that Smith’s breathalyzer result was 109/100mmg some three hours after his arrest.

However, Magistrate Josette Demicoli noted that seven of the charges could not be proven because Sheehan had chosen not to testify in order to avoid self-incrimination. She cleared Smith of the charges relating to threatening a public officer and disobeying police orders, noting that the accused had denied that PC Sheehan had informed him that he was a police officer, also noting that Sheehan had not been in uniform at the time of the incident.

Neither did the court find guilt with respect to the charge of reckless and dangerous driving, instead pronouncing Smith guilty of the lesser charge of negligent driving.

However, the court noted that Smith had admitted to driving under the influence and in the view of the court, this was not a matter to be treated lightly.

For the drunk-driving offences, the court imposed a fine of €2,000 and disqualified Smith from driving for nine months.

Lawyers Joe Giglio and James D'Agostino defended Smith.