Issue link: https://maltatoday.uberflip.com/i/1538870
Deaths on our roads continue to pile up, week after week and especially on weekends. We lament about these tragedies, condemn dangerous driv- ing and make obvious and also useful suggestions. But at the end of the day with all the goodwill in the world, sta- tistics prove that notwithstanding these recommendations death by dangerous driving is accelerating. One thing is obvious; unlike many other issues the advice is being made by persons who have no vested interests and are genuine. Periodically, fatal accidents are report- ed in the media often accompanied by visual evidence of the mangled remains of the vehicles and sometimes that of the victim in happier times when he was alive. Awareness is important and this is where the media have a vital role. But the families of the victims want and need much more. They want meaning- ful justice and to know that their loved ones, at least, have not died in vain. The registration of motor vehicles and motorcycles has dramatically risen, which in turn has given rise to traffic accidents. This is why legislation has to be adjourned immediately. Rules and regulations are in place but their proper enforcement raises questions. Legisla- tion must not only be punitive but also act as a deterrent. Deterrence is necessary to prevent a tragedy. Unless the punishment is jail time it will not be a deterrence. This can only take place if a special law for fatal accidents caused by dangerous driving is introduced. To date our Criminal Code omits this special law. Prosecu- tions are carried out under the gener- ic law of involuntary homicide—death caused but not intended. Often the charge includes particular circumstances of the case such as dan- gerous driving over speeding, substance abuse, unlicensed drivers and/or vehi- cles, lack of insurance and other specif- ic applicable charges. But surely in such instances it is not beyond the foresee- able. These present charges have not acted as a deterrent nor have many of the ju- dicial sentences reflected the serious- ness of the offence. One recent remark by Magistrate Joe Mifsud, however, de- serves commendation. In an inquiry of a fatal accident, he underlined the im- portance of meaningful enforcement: "Discipline has never killed anybody; substance abuse has." But not every judicial sentence re- flects the circumstances of the case. A sentence must always fit the crime. In a recent judgment the driver of a fatal accident in which a woman was killed due to gross negligence was given a sus- pended sentence. For all intents and purposes, it was a clear case, which de- served jail time and not for a short pe- riod. That would have been meaningful deterrence. This judgment certainly had the opposite effect. Something is definitely wrong when a woman taken to hospital after swallow- ing pills, which are said to cause abor- tion, was given an analogous sentence. But this is another subject, which needs legal discussion as women are being prosecuted for abortion without any proof that at the time of taking the pills, they were pregnant. Where is the nexus necessary for guilt? Death by dangerous driving is part and parcel of other criminal codes and pro- cedures in many prominent countries of the European Union. Italy has a special law called Omicidio Stradale; the Unit- ed Kingdom has a law titled Death by Dangerous Driving. This is what our Criminal Code omits and now more than ever requires introduction. The generic charge of involuntary homicide does not adequately address the crime. But another procedure present in our legal system is rarely relied upon by the prosecution: res ipsa loquitur. This means that the dynamics of the acci- dent are obvious and proof in itself of the culpability of the driver. On recent night patrols in June and July the police have fined 500 motor- ists for exceeding speed limits. It is not clear whether this has heralded fines on the spot or legal proceedings to be fol- lowed and then fines imposed on those found guilty. Empowerment of fines on the spot will be effective especially on tourist drivers who will leave the coun- try well before procedures take place. But fines on the spot must be accom- panied by a change in the perception of the public of the police force. Not all the police deserve this per- ception but many have an attitude and there are too many cases of abuse and incorrect practices. Fatalities involving motorcycles are increasing at alarming rates. This Is due to two factors: A motorcycle has less protection than a car; the increased use of motorcycles due to traffic con- gestion. Motorcycles are the vehicles of choice of home deliveries and are also part of the plan to substitute cars. When fatalities occur, the families of the victims are often left with addition- al pain. The recent death of an Italian illustrates this—it has to be the Italian community in Malta to provide funds for transport of the body to his home country. In another case, a magistral in- quiry of a Nepalese victim has not been concluded three and a half years later from the date of the tragedy leaving the family unable to find closure. Justice de- layed is justice denied. Many suggestions to prevent such tragedies are indeed positive such as road design, road maintenance, more discipline, clamping down on abuses of substances, the use of mobiles whilst driving, clear road signs and even sim- ple efforts such as making zebra cross- ings more visible. We need a law for death dangerous driving John Attard Montalto Former Labour minister and MEP 10 maltatoday | WEDNESDAY • 27 AUGUST 2025 OPINION