Police failed to call ambulance for biker hit by speeding policeman, court told

Police officer charged with causing the death of a 32-year-old biker

32-year-old motorcyclist, Clive Brincat known as il-Gojja, died in a collision between a motorcycle and a car in Triq il-Konvoy ta' Santa Marija, Mqabba.
32-year-old motorcyclist, Clive Brincat known as il-Gojja, died in a collision between a motorcycle and a car in Triq il-Konvoy ta' Santa Marija, Mqabba.

Police responders at the scene of a fatal traffic accident, caused by a collision between another police officer and a man on a moped, had failed to call for an ambulance and had made no effort to preserve the crime scene, a court was told this morning.

Former journalist and editor Julia Farrugia took to the witness stand to testify as part of the compilation of evidence against Jean-Claude Mangion. Mangion, a 21-year-old police officer from Qrendi, was driving his Peugeot 206 when he collided with a Piaggio Runner being ridden by 32-year old Clive Brincat, from Floriana, early one January morning in 2014.

Mangion is charged with causing Brincat’s death through negligence, damaging the moped, driving negligently and dangerously, speeding and committing a crime he was duty-bound to prevent.

Lawyers Michael and Lucio Sciriha, appearing parte civile for the Brincat family summoned, Farrugia to testify before Magistrate Doreen Clarke this morning.

Farrugia told the court how she would drive through Triq il-Konvoj ta' Santa Marija in Mqabba, where the accident occurred, every day on her way to work. On that morning, she had noted a lot of debris strewn across the road.

"A few meters before me, I saw a corpse. I swerved into the opposite lane to avoid running it over." 

The court heard that Farrugia had seen the accused directing traffic and, mistaking him for a first responder, had stopped to see if she could be of any assistance as she had just completed a first aid course.

"I switched on the hazard lights and ran towards the body. There were two men standing next me who told me that he was still breathing,” the witness recalled. “I knelt down and he was still warm. I could detect a very weak pulse.

Farrugia had asked the policeman where the other party to the accident was. He replied that she was talking to him. “That's when I realised what was truly happening."

She then called for an ambulance, as she had no way of knowing whether medical assistance had been requested. The witness recalled getting the impression that the dispatcher who took her 112 call had not been aware the incident up to that point.

At a point, the accused had received a phone call on his mobile. Farrugia told the court that she had overheard him saying: "No, I can't do that because a journalist is here.”

Officers from the Rapid Intervention Unit arrived soon after.

Farrugia described them listening passively as she recommended they shut the road to traffic because of the debris and to preserve evidence. She told the court that the RIU officers had appeared unconcerned about the preservation of the crime scene and had made little effort to collect statements.

The RIU policemen had moved two passers-by along, making no effort to record their version of events or details, the court heard. Farrugia took pictures of the crime scene and hung around until the ambulance arrived.

Troubled by what she had seen, Farrugia had later phoned up the police Headquarters and had left a message for the Commissioner of Police with the duty officer, only to face more apathy.

"No one tried to listen to me,” Farrugia told the court. “No one asked for my details.”

Later that morning, at around 6am, the witness had received a phone call from the police to tell her that the police's media unit would be contacting her to answer any queries she might have.

She had explained to the caller that she was not a journalist looking for information but had wanted to give information. Farrugia had eventually given police a statement at the Zejtun police station.

"I don't feel I should have had to insist with the police to give them my account," Farrugia said.

Inspector Johann Fenech is prosecuting. Lawyer Robert Abela is Mangion's defence counsel.