[WATCH] Multi-millionaire Paul Bailey, 12 others, plead not guilty in supercar crash case

All those arraigned have pleaded not guilty • Defence tries to poke holes in inquiry report

Driver, Paul Bailey, is facing charges along with 12 others over the Paqpaqli incident
Driver, Paul Bailey, is facing charges along with 12 others over the Paqpaqli incident
Paqpali accident, 13 to face charges including British millionaire supercar owner

The members of the PaqPaqli Ghall-Istrina organising committee and British multi-millionaire Paul Bailey were arraigned in court to face charges in connection with the crash at the charity event last October. 23 people were injured, when Bailey, who was driving a Porsche 918 Spyder supercar careened into the on-looking audience.

The other accused are TV personality Tonio Darmanin, Tonio Cini, Agostino Degiorgio, Jonathan Tonna, Kevin Perry, Melvin Haber, Ian Keith Cilia Pisani, Jonathan Bruno, Julian Mannara, Christopher Sultana, David Bugeja and Brian Gatt. They are accused of involuntarily causing grievous injuries on many of those present, as well damages on various motor vehicles, through imprudence, carelessness and not observing regulations.

The accused pleaded not guilty to the charges.

Driver Paul Bailey leaving Mater Dei hospital after the accident, being escorted by the police for interrogation
Driver Paul Bailey leaving Mater Dei hospital after the accident, being escorted by the police for interrogation
Paul Bailey, pictured in his white Porsche 918, was behind the wheel of the car
Paul Bailey, pictured in his white Porsche 918, was behind the wheel of the car

The accused were arraigned before magistrate Aaron Bugeja, and police inspectors Josric Mifsud, Silvio Magro and Hubert Cini are prosecuting. The arraignments had been made on the basis of the recommendations in the magisterial inquiry report. 

The report had defined primary and secondary responsibilities, and it had pointed out that Bailey was mainly to blame for the incident, due to him not being a “professional driver”. According to the report, the crash was a result of excessive speed and a lack of handling techniques and corrective measures, and there appeared to be no mechanical failures with the car.

"While the driver is a collector of cars, he doesn't appear to have the necessary skills to drive such cars with such velocity," the report read.

The 11-member organising committee, was on the other hand, indicated by the inquiry as bearing responsibility for the “secondary causes” of the incident. They reportedly failed to place concrete barriers along the track and failed to prepare a safety plan and risk assessment.

According to the report, the civil protection department and Mater Dei hospital were not consulted ahead of the event. Additionally, the circuit lacked signage and the second chicane was not positioned at an adequate distance away from the public. 

The inquiry had however exonerated president Marie Louise Coleiro Preca, saying she was in no way involved in the organisation or preparatory meetings of the event, although the event was raising funds for the Malta Community Chest Fund.

At the opening of the proceedings, lawyer Stefano Filletti lamented that some of the charges were too vague.

“Different people carried out different tasks, different roles,” he said.

It was reportedly unclear which charges applied to whom.

“The accused had different roles and each should have been given a reason as to why he had been arraigned,” he added.

The defence argued that it had not been given enough information on which to base its case.

Lawyer Michael Sciriha asked the court to be given a copy of proces verbal and for the case to be deferred so that the defence counsel could view it. On this note, lawyers also pointed out that they had also never been given a copy of the inquiry report.

Inspector Mifsud added that the prosecution did not receive the entire inquiry report.


“We have our reservations regarding the validity of the magisterial inquiry and the way it was held," lawyer Joe Giglio said, while representing Tonio Darmanin.

Among the reservations, Giglio quoted the fact that Martin Bajada, who was appointed as court expert, had taken a role beyond his appointment during the course of Darmanin’s interrogation.

De Marco said that the civil court had expressed distrust in Bajada, who was himself found guilty of theft. 

"I can't have faith in an expert, who was nominated by the court and therefore an extension of the court, without my being represented and being able to witness what was going on."

Regarding the fact that the prosecution only based itself on a summary of the report, Giglio expressed his "disappointment and disgust" that all the accused were charged after the Police Commissioner "abdicated from his responsibility".

It emerged that the acts of the inquiry were never given to the prosecuting police officers, but remained at hands of the Police Commissioner, with the prosecuting officers merely receiving the magistrate's conclusions.

The court decided the proces verbal will be scanned for all, and copies on CDs will also be given out.

The case was adjourned to 28 October.