Court hears conflicting evidence in fatal accident case involving police officer

Later on in the sitting, Farrugia Portelli took to the witness stand for the second time in these proceedings, exhibiting a photo of the scene of the fatal accident which she had taken on her mobile phone.

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.

A court has heard two conflicting testimonies about the aftermath of a traffic accident in which an off-duty police constable caused the death of a motorcyclist. 



Magistrate Doreen Clarke was hearing witnesses in the case against Jean-Claude Mangion, a 21-year-old constable from Qrendi, who is accused of negligently causing the death of Clive Brincat, 32, from Floriana in a road accident on his way to work, in the early hours of January 10th , 2014. 



Rapid Intervention Unit officers and a former newspaper editor who were present at the site of a traffic tendered their evidence today. RIU officer Adrian McKay testified how, six minutes after the call came in, RIU officers had arrived on the scene and found the victim's body on the ground with a woman standing over him.

The woman turned out to be former journalist Julia Farrugia Portelli.

"As soon as she saw me, she started shouting at me, asking what took us so long and that she had phoned ages ago. It didn't take us long at all but I understand the reaction of someone who has a bloodied person before him," PC McKay said.

The victim had been face down on the ground and Farrugia Portelli wanted to move him, continued the officer, adding that he had instructed her not to turn the victim around. He did not detect a pulse.

McKay told the court that the RIU immediately closed the road to traffic to preserve the scene. “The road had been very wet with dew, “ recalled the policeman.

He then told the three eyewitnesses, including Farrugia Portelli that the sergeant from the district police station would be arriving shortly to take down their particulars, but nobody came.

Lawyer Michael Sciriha, who is appearing parte civile for the Brincat, asked the witness what the accused had been doing at the time. McKay replied that he didn't immediately realise that the accused was involved in the incident as he was directing traffic. The accused seemed to be in shock, he added.

Later on in the sitting, Farrugia Portelli took to the witness stand for the second time in these proceedings, exhibiting a photo of the scene of the fatal accident which she had taken on her mobile phone.

During her previous testimony, Farrugia Portelli had testified that the police had seemed uninterested or reluctant to preserve the scene and had not taken statements from eyewitnesses.

This afternoon, she once again told the court that she had brought the fact that part of the road facing Qrendi was still open to traffic and vehicles were passing through the debris field, to the attention of the RIU officers, only to be told to leave, as she had nothing to do with the case.

She had not been contacted by the police to give her version of events since then, said the former newspaper editor.

Asked about the weather conditions, she said she clearly remembered that it had not been raining and stressed that the ground had not been wet with dew when she knelt down beside the victim to give him first aid.

The case continues. 

Inspector Johann Fenech is prosecuting. Lawyer Robert Abela is defence counsel.