Issue link: https://maltatoday.uberflip.com/i/822666
maltatoday, THURSDAY, 11 MAY 2017 News 9 MATTHEW AGIUS CLOUDED judgment and not murderous intent was behind the actions of a man who drove his van at his uncle, slightly injuring him, as he stood by the side of a road in Imgarr in 2014, a court has held. Joseph Bugeja, 50, from Mgarr, had denied charges of having attempted to place the life of Martin Chetcuti, his uncle by marriage, in jeop- ardy and dangerous driving. Bugeja had also been charged with harassing the man. Bugeja had originally been charged with the attempted murder of Chetcuti and reck- less driving. Reports from the arraign- ment describe how Bugeja, allegedly claiming to be en- forcing a MEPA order, had attempted to dismantle a dis- puted boundary wall. When Chetcuti saw this, he rushed to file a police report as his son went to take photos of the accused demolishing the wall. The accused had then got into his pick-up truck and drove at Chetcuti, apparently clipping him with a mirror, and caus- ing him slight injuries, before driving off. The incident was recorded on CCTV, which the court was shown. Magistrate Claire Stafrace Zammit was told how family tensions had placed the men at odds with each other over the span of several years. The court, having heard the testimony of all involved par- ties and in view of the footage and the opinions of court-ap- pointed experts, reached the conclusion that Bugeja had not intended to hit the man. The court declared that it was not morally convinced that the accused had acted deliberately. Neither did the accused have a generic intent to cause harm, the court said, because he had said that he was staring straight ahead to avoid eye-contact with the victim. The magistrate con- cluded that the cause of the incident was an error of judg- ment. "It doesn't make sense for the accused, who knew the place very well and was aware that he was surrounded by CCTV cameras, to commit an offence of this nature di- rectly in front of them." However, the court was in no doubt that the accused had been driving danger- ously, in view of the width of the street and the presence of pedestrians at the time of the incident. The feud between the men had also translated into a course of conduct over time which amounted to harass- ment by Bugeja, the court held, upholding the related charge. Bugeja was found guilty of dangerous driving and har- assment for which he was fined €232 and ordered him to cover expenses relating to the appointment of court experts, totalling €2,442.54. His driving licence was sus- pended for three months. A three-year protection order was also issued in favour of Chetcuti. Inspector Edmond Cuschie- ri prosecuted. Inadmissible statement gets man acquitted of stealing cash from flatmate MATTHEW AGIUS A court has acquitted a man of stealing over €2,000 in cash from his ex-partner's friend, after noting that the only evi- dence against him was an in- admissible statement which he had released during his inter- rogation. 28-year-old Charlton Fenech from St Paul's Bay had been accused of stealing a num- ber of objects, including cash, from Kinga Bachlaj in 2008. Fenech used to reside with his Bulgarian partner and her Pol- ish friend, Bachlaj in an apart- ment in the seaside town. On August 14, 2008, the woman had notified the police that €2,050 in cash and her Sony laptop had gone miss- ing and that the accused and her friend had also apparently cleared their personal effects from the flat. Fenech was later arrested and questioned. He had re- leased a statement during his interrogation, at which time he had not been assisted by a lawyer – an entirely legal prac- tise at the time. However in her judgment on the case, Magistrate Marse- Anne Farrugia observed that after the decision by the Euro- pean Court of Human Rights in Mario Borg vs Malta which found a violation of Article 6 § 3 in conjunction with Ar- ticle 6 § 1 (right to a fair trial and right to legal assistance of one's own choosing) of the Eu- ropean Convention on Human Rights, by the absence a pro- vision in Maltese law allow- ing for legal assistance during interrogation, the statement which Fenech had released was now inadmissible as evi- dence. The court also noted that Baclaj had never testified after filing the police report. In fact, prosecuting police inspec- tor Jesmond Micallef had in- formed the court that she had changed her address, phone number and might also be us- ing a different name in Malta due to pending criminal pro- ceedings against her. Noting that therefore the only evidence brought against the accused was the inadmis- sible statement, the court cleared Fenech due to lack of evidence. Lawyer Mark Busuttil was defence counsel. Court finds error of judgment, not homicidal intent, in van strike incident Specialists in EXPOSED AGGREGATE (pebble look). • Available in a choice of colours. • The perfect surface for any outdoor area including driveways, pool areas and steps. • Cleaning and reseal of existing surfaces also available. • All works carried out to a high standard. Customer satisfaction is essential. Fast, friendly service. • On site quotes on request. Call on 99953411/ 99978412 or email on: lghtnjns@gmail.com