Issue link: https://maltatoday.uberflip.com/i/1498223
maltatoday | SUNDAY • 30 APRIL 2023 OPINION 5 Saviour Balzan "HE is young," she argued. Magistrate Yana Micallef Sta- frace decided to award Renald Aquilina, who left Moira Cachia deprived of a decent life, with a suspended sentence and ridicu- lous fine. The magistrate chose to look at the age of the man, who drove his Peugeot taxi like a raging mad man, as the deciding fac- tor for her to give him another chance. Most fatal or horrific accidents originate from fast and reckless 'Formula 1' driving by young men and women; usually in cars that are far too fast and big to handle in our small and busy roads. Hitting a person on a road is not akin to defamation. If I de- cide to accuse a politician of be- ing a simpleton or an egotistic fool, it does not really hurt him or her. It only hurts because it is prob- ably true and hitting a raw nerve. If I accuse someone of being cor- rupt or part of the mafia it does not quite destroy a person's life or reputation. Perhaps it dents it a little, but it does not send any- one to a mental asylum or force them to carry crutches, or ruin their business career or life. But if you break people's bones, rupture their nerves, bruise them, cause an amputation, cause permanent brain damage and cripple them, it seems to have no consequence, based, of course on what we have seen this week. It was all irrelevant that a life was left shattered by the dan- gerous driving of 27-year-old Renald Aquilina, who left the courtroom with a three-year driving ban and suspended sen- tence. The report of the court case which was factual and without any bias did not go unnoticed. A member of Renald's family phoned the newsroom of Malta- Today and it was not a telephone conversation full of praise but one of verbal abuse. That is the life of a journalist in a real newsroom. The young man by the name of Renald Aquilina, from Gzira, caused life-changing injuries to a woman, a bank manager who now suffers from short-term memory loss, unable to read at all, eat, or visit a toilet unassist- ed. In 2016 she was unable to tes- tify about the incident. Cachia's husband told the court of how they were picking up the pieces of a life shattered by Aquilina's reckless driving. The former bank manager is now allowed to retain her bank job in a less de- manding role but not as a man- ager. It was 8:15pm and an eyewit- ness described how Aquilina drove at a speed which is already past the speed limit in an urban area as he hit the woman at a ze- bra crossing. She was thrown into the air, across a central strip, then hit the ground. The ground being the other side of the Gżira sea- front. These circumstances led Mag- istrate Yana Micallef Stafrace to convict Aquilina of causing grievous injuries to the victim but she only handed down a sus- pended sentence - a one-year prison sentence suspended for four years. Now those are the facts. But just imagine, that the person driving the taxi was not young. Perhaps was not as good look- ing as Renald. Or did not have a lawyer with the same artful argumentation as Renald's lawyer. And let us for argument's sake pretend that the driver was Asian or even worse African or even worse than that an Arab or perhaps and this taking it to the limit when it comes to ste- reotypes, dark skinned and a Somali. Would the courts have decided to dish out a suspended sentence? Your answer is as good as mine. Only some weeks ago I was ordered to pay €3,000 by a mag- istrate and a judge for likening a former inspector to Inspector Clouseau. That was a damning accusation in the eyes of the law. And incomparable to someone hitting a human being off a ze- bra crossing. I know it now, I would stand a much better chance if I drive my car at 110km an hour, and that is rather fast in an urban area and hit the next person I see hob- bling off a zebra crossing. Even though I know that my chances very much depend on who I happen to be and which magistrate or judge I face. Which brings me to the latest statistics that show the number of criminal compilations that are still pending. Over 3,000 dating back to 1990. An amount which is not only shocking but also a reflection of the inefficiency of the Maltese judiciary and courts. The blame can be equally ap- portioned to the politician who has failed over the years to act and change the law to impose timelines; the judiciary who are unwilling to work out of the box or shock the system (with a few exceptions); the legal profession who have regaled in extended cases which bring them more and more dedicated time for their clients and hence legal fees. It is a cruel world, made all the more cruel when justice is not meted out in an efficient manner and more so when it is meted out depending on the whims of those who wield power. Welcome, welcome to Malta's justice system If you break people's bones, rupture their nerves, bruise them, cause an amputation, cause permanent brain damage and cripple them, it seems to have no consequence, based, of course, on what we have seen this week