Issue link: https://maltatoday.uberflip.com/i/1541747
4 maltatoday | WEDNESDAY • 3 DECEMBER 2025 charged with involuntarily damag- tained. has taken place and CCTV footage NEWS Woman not guilty of damaging two vehicles due to negligent driving A 60-year-old woman who re- sides in Naxxar was found not guilty on all charges brought forward against her in regards to a traffic incident which hap- pened back in 2024 in Naxxar. Gundula Wagner was ac- cused of negligent, unskillful and imprudent driving while temporarily intoxicated due to excessive consumption of alco- hol, as well as of failing to stop as required to provide her par- ticulars after being involved in a traffic accident in 2024 The incident happened at around 10pm on Triq il-Bar- rakki tal-Melħ, Naxxar. Gun- dula had collided with two vehicles and caused serious damage to the vehicles, to the detriment of their respective owners. The prosecution, supported by testimony from witnesses, pressed seven separate charg- es related to violations of pro- visions found in the Criminal Code and in the Traffic Regu- lation Ordinance, and request- ed the abrogation of Gundula's driving licence. In a judgement delivered on the 1 December 2025, Mag- istrate Yana Micallef Stafrace aqcuitted the accused from any guilt. In her discretion, the magistrate ruled that the stand- ard of proof required in crimi- nal cases; which is that of pro- viding evidence which proves beyond reasonable doubt that the accused is guilty; was not reached, since the evidence brought forward was not suffi- cient enough to prove that the accused was driving the vehicle that caused the incident. Driver cleared of causing grievous injuries in Salini crash after police omit proper legal caution DAVID Grech, a 36-year-old resident of Naxxar, was acquit- ted on Monday of dangerous driving, causing involuntary grievous bodily harm on a mo- torist, causing damage to three vehicles through negligent driv- ing. The charges came about fol- lowing a traffic accident in the morning hours of 30 June 2021 at Triq is-Salini, Naxxar. The driver of the Ford Fiesta testified that he was stuck in morning traffic when he felt a sudden impact from the rear. His car had been struck by an Alfa Romeo, which had itself been hit by the Opel Astra driv- en by Grech. Tonna sustained no injuries and proceeded to work after exchanging details. The victim, driving the Al- fa Romeo, described the se- vere impact he suffered in his testimony. He recalled stop- ping a stationary queue as he approached the small Salina roundabout. While leaning slightly to the right to observe the traffic situation, he recalled being forcefully struck from be- hind and flung into the car in front. The impact caused vio- lent whiplash in his neck exac- erbated by his leaning posture. He required extraction from the vehicle, immobilisation on a spinal board and was hospital- ised for three days, two of which he spent in the ITU. He also suffered third-grade liver lacerations. District police and traf- fic officers testified primarily through affidavits. Inspector Andrew Agius Bonello ex- plained that upon arrival, three vehicles were involved in a chain collision and the victim had been transported to hospi- tal with potentially life-threat- ening injuries. In his testimony, the accused admitted that he was the driv- er of the Opel Astra and that he collided with the vehicle in front of him. He attributed the accident to an intense sun glare in his eyes due to the sum- mer conditions and a hayfever sneezing attack. He insisted he was travelling slowly and could not brake in time when the car ahead stopped abruptly. From the police affidavits, it emerged that Grech was not properly informed of his right to silence and he was not given the right to consult or be assisted by a lawyer before being ques- tioned. Consequently, the pros- ecution's case could not rest on evidence obtained in breach of constitutional safeguards. Apart from this, the court reit- erated that criminal negligence must be proven beyond reason- able doubt. Liability arises only where the defendant's conduct clearly deviates from the stand- ard of a prudent driver. Once the unlawfully obtained evidence from the accused's statement was excluded, the prosecution had no independ- ent admissible proof establish- ing the level of negligence re- quired for criminal liability, the accused's breach of traffic regu- lations or the causal link meet- ing the criminal threshold. With the evidentiary basis compromised, the court con- cluded that none of the charges could be upheld according to the criminal standard of proof. David Grech was found not guilty of all charges and acquit- ted. Magistrate Yana Micallef Stafrace presided over the case. MAYA GALEA mgalea@mediatoday.com.mt