Issue link: https://maltatoday.uberflip.com/i/1541426
6 maltatoday | WEDNESDAY • 19 NOVEMBER 2025 NEWS Man's conviction over traffic offences overturned after prosecution blunder A 48-year-old man, who had originally been convicted of sev- eral traffic offences, has succeed- ed in having most of those charg- es overturned on appeal after the Court of Criminal Appeal found prescription and evidentiary shortcomings in the prosecu- tion's case. Gaetano Farrugia was accused of driving while his licence was revoked, without a vehicle li- cence, and without insurance cover in January 2024 in Żabbar. Farrugia was initially found guilty of driving without a valid licence and without valid insur- ance cover, receiving a €2,400 fine and a 12-month driving ban in a judgment delivered on 4 July. He subsequently appealed the con- viction and punishment. With regards to the insurance conviction, the appellant claimed he was never properly notified of the charges, arguing that the doc- uments were incomplete and did not show that he personally ac- knowledged receiving them. Legal provisions establish that criminal proceedings must be properly notified and that fail- ing to so meant the prosecution could not interrupt or suspend the six-month prescriptive peri- od. However, the court decided that because the appellant appeared twice in court with a lawyer and did not raise the prescription plea immediately, he was presumed notified and his objection was considered late. However, the court noted that the second offence took place on 24 January 2024, while the charges were filed on 1 Novem- ber 2024, meaning the six-month prescription period had expired, and rendered the offence auto- matically time-barred. In relation to the licence convic- tion, the prosecution argued that the appellant's driving licence had been revoked and that he knew or should have known about it be- cause letters had been sent to him notifying him of the revocation. The appellant challenged this evidence, since the only letters produced were MaltaPost docu- ments with no sworn confirma- tion from Transport Malta, which meant they were not the highest and most reliable evidence shown in court as required by the Crim- inal Code. Farrugia also highlighted incon- sistencies in the evidence relating to the vehicle, because the affida- vit referred to a black Audi with a certain registration plate whereas Transport Malta records showed the same vehicle as white and lat- er re-registered with a different plate, raising doubt about vehicle identity. The court found that these ev- identiary inconsistencies created reasonable doubt. The appellant additionally ar- gued that the sentence imposed was excessive and should have been more proportionate. Ultimately, the Court of Crimi- nal Appeal overturned both con- victions, ruling the first charge as time-barred and the second as unproven due to insufficient evi- dence. The previously imposed penalty and the 12-month driving dis- qualification were revoked. Defence lawyer Nicholas Mifsud appeared for the man. MALTA'S creative community has voiced strong disappointment after learning that the music vid- eo for Eliza Borg's song I Believe was produced using generative artificial intelligence, a decision they say sidelines artists and un- dermines the country's cultural sector. The letter, signed by over 220 artists and organisations, comes less than a month after Solidar- jetà and the Malta Entertainment Industry and Arts Association (MEIA) raised concerns about the use of generative AI on television stations and invited the national broadcaster, PBS, to discuss the issue. Rather than engaging, the groups said, PBS opted for a pro- duction method that disregarded those warnings. Representatives of the creative sector described the video as vis- ually and narratively derivative, arguing that the choice to rely on AI denied Maltese choreogra- phers, dancers, costume design- ers, cinematographers, directors, actors, animators, musicians and VFX artists the chance to produce an authentic music video. They said Malta has no shortage of skilled creatives who are eager for such opportunities, calling the broadcaster's decision "a slap in the face." The groups argued the use of AI not only undermines artistic quality but also fails to deliver value to the public, who expect high-quality productions from a taxpayer-funded broadcaster that should highlight and cultivate local talent rather than rely on shortcuts. They pointed to PBS's own recent success as evidence of Malta's creative ability, noting that the music video for Miriana Conte's Serving, directed by Ste- ven Levi Vella and shot by Clive Brinca, was recently nominated for Best Music Video at the ESC Awards. The organisations said the trend of replacing creative work with AI has become increasingly trou- bling in Malta, while other coun- tries have introduced strict regu- lations to protect jobs and uphold artistic and cultural standards. They stressed although technolo- gy can support artistic innovation, it should not come at the expense of workers' livelihoods. Artists such as Borg may them- selves become victims of AI mis- use, they added, pointing to on- going international lawsuits in which artists accuse companies including OpenAI, Microsoft, Stability AI, Anthropic, Udio and Suno of using copyrighted mate- rial without consent to train AI models. Without safeguards, they warned, creative workers across all disciplines stand to lose. As Malta's national broadcaster, they argued PBS has the means to employ human creatives, the groups said, calling its decision to produce what they described as a low-quality, AI-generated and "plagiaristic" video unacceptable. The organisations urged PBS to honour that commitment by en- gaging in good-faith discussions with Solidarjetà, MEIA and cre- ative workers to establish clear guidelines ensuring AI does not replace human labour or dimin- ish artistic standards. They added that as Malta in- creases its investment in AI, it is essential that workers are not left behind. They called on authori- ties to meet urgently with artists, creative professionals and stake- holders to develop regulatory frameworks that protect jobs and uphold the integrity of Malta's cultural output. KARL AZZOPARDI kazzopardi@mediatoday.com.mt Junior Eurovision AI music video 'a slap in the face' by PBS, creatives say in open letter PBS studios in Gwardamanga (Photo: James Bianchi/MaltaToday) ĦALEY XUEREB hxuereb@mediatoday.com.mt Court building in Valletta (Photo: James Bianchi/MaltaToday)