Issue link: https://maltatoday.uberflip.com/i/1538990
EVERYONE begins their journey with an expectation of arriving at their desti- nation safely. Yet, this summer, this ex- pectation was shattered one too many times with a number of fatal accidents caused primarily by individual reckless- ness that tore families apart. Whilst I can point out that Malta is one of the safest places in the EU in terms of road safety, the topic goes be- yond statistics. We are discussing lives and the mental wellbeing of a nation that expects better collective responsi- bility from those who have the privilege to drive a car. Last December, we launched a na- tional awareness campaign during the festive season, a period when the risk of accidents is particularly high. The campaign achieved what many thought almost impossible—no fatal accidents occurred in that period. This was proof that prevention, awareness and respon- sibility can save lives. Building on that success, earlier this summer we introduced a new Road Code, the most significant update to our rules of the road in decades. Drafted by Transport Malta after consultation with industry experts and the Malta Road Safety Council, the code reflects the realities of modern mobility. The new Road Code also push the values of mutual respect, discipline and coop- eration amongst all those that use our roads. Alongside this, we launched a second national awareness campaign to cement these values further. Its theme is simple but powerful: Think Twice. It pushes the message that a single sec- ond of inattention, or recklessness can change a life forever. Through this cam- paign, we are calling on every road user to pause, reflect, and take responsibility in those crucial moments that separate safety from tragedy. At the same time, government has con- tinued investing in road upgrades, safer junctions and improve street lighting to reduce the risks across our network. Road safety rests on three pillars: Education, safe infrastructure and ef- fective enforcement. Government has strengthened the first two, but we also recognise that stronger action on en- forcement is needed. Working closely with our colleagues in Home Affairs, we are introducing a fundamental legal change. Drivers who cause death while under the influence of alcohol or drugs will no longer be able to escape with suspended sentences. They will face re- al prison terms. Authorities will also be empowered to carry out random drug and alcohol testing without the need of reasonable suspicion. We will also be coming down harder on those driving under the influence with harsher fines. These are tough measures, but neces- sary. These changes send a clear mes- sage. Reckless behaviour is not accept- able. Driving a vehicle is not a right, it is a privilege tied to the duty of respon- sibility. We do not take lightly the deci- sion to harden our laws. But as minister, I am convinced that these reforms strike the right balance. They are about fair- ness, accountability and the protection of innocent people who walk, drive and use the street in the correct manner. It is about recognising that when a person chooses to get behind the wheel under the influence of drugs or alcohol, they are choosing to endanger others. That choice must carry real consequences. We remain determined to bring Mal- ta back among Europe's safest. With stronger rules and tougher enforcement we can ensure Malta sets the standard as it did last year. 8 maltatoday | SUNDAY • 31 AUGUST 2025 OPINION & LAW IN a judgment delivered by Magistrate Simone Grech in Police vs Terence (Terence-William) Zammit, the court made it clear that misappropriation is a crime that affects trust. Zammit was charged with misappro- priation of over €5,000 after police re- ceived a complaint from Adrian and Ingrid Camilleri. In a police statement the accused agreed that he had to re- fund between €2,000 and €3,000 which was a deposit on marble, however, he claimed he did not know that he owed any other sum. The complainant ac- cording to the accused stopped him from continuing with the works and in fact changed the locks. Adrian Camilleri testified in court and held that this was a turnkey pro- ject. A deposit was given on the works. As the works continued, the accused asked for more money. He paid for the apertures and marble; both did not ar- rive. They spoke directly to the suppli- ers who informed him that the deposit was never paid. The deposit had to be paid again. This version was corrobo- rated by Ingrid Camilleri. A supplier testified that the stairs was ordered by the accused, but it was never picked up and the Camilleris had to pay for this. The supplier of apertures confirmed that no order was made by the accused and the Camilleris paid for it. Zammit explained that while the project was going on he was separat- ing from his wife and had to stop. He agreed that he owed the Camilleris around €2,000. The court analysed the legal issues and implications. It first analysed Ar- ticle 293 of the Criminal Code which reads: "Whosoever misapplies, con- verting to his own benefit or to the benefit of any other person, anything which has been entrusted or delivered to him under a title which implies an obligation to return such thing or to make use thereof for a specific …." Article 294 allows that the police may prosecute ex officio if the thing referred to in Article 293 was given by reason of trade. The court quoted a precious judgment in the case, Po- lice vs Joanne Sciberras decided on 15 December 2022, wherein the ele- ments of the crime were listed: There must be a transfer of the thing by the owner, there must not be a transfer of ownership, the object must be move- able and that there must be a breach of the contract and used it for his or her own gain and destroyed it. The last element is intention to appropriate the object knowing it belongs to an- other. On 5 March 1993, in the judg- ment Police vs Ali Abdulla Bakush, the court held that there was no need for the last element, because once the ob- ject was used for the accused's profit then the crime was committed. The court pointed out that the crime of misappropriation is a crime of abuse of trust. Therefore, the main element of this crime is not trickery but the in- version of the title of possession. The intentional element takes place when one takes advantage of the illegal use of the object which was entrusted to him or her. On this particular case, the court held that there was no doubt that the money was given to the accused to car- ry out the works and to buy supplies. The accused explained that he told the Camilleris that he could not continue to work, but there was disagreement on the refund. The court noted that it was a Crim- inal Court and not a Civil Court and therefore would only see whether the elements of the crime of misappro- priation existed. Despite admitting he owes money to the Camilleris, this did not mean that Zammit was guilty of misappropriation. The court was not convinced the money was converted into something else. Therefore, the accused was not guilty of a crime and suggested the issue was a civil matter instead. The court then declared Zammit not guilty of the offence. MALCOLM MIFSUD Mifsud & Mifsud Advocates Misappropriation is a crime that affects trust Chris Bonett Tough but necessary Transport and Infrastructure Minister These are tough measures, but necessary. These changes send a clear message. Reckless behaviour is not acceptable Whosoever misapplies, converting to his own benefit or to the benefit of any other person, anything which has been entrusted or delivered to him under a title which implies an obligation to return such thing or to make use thereof for a specific