Driver in fatal Mosta crash identified himself as ‘owner of Smart car’

A driver involved in a high-speed drink-driving crash that two motorcycle riders stepped forward, identifying himself as the “owner of the Smart car”, a police witness testified on Friday. The constable described the crash scene on May 6 when he reached Triq iż-Żejfa, Mosta where a Smart vehicle had crashed on the wrong side of the road, flinging one of the motorcycle riders into a field where the body lay lifeless, covered by a white sheet. The second victim lay on the pavement, breathing through the mouth as a team of paramedics administered first aid.

Then, a man who had been sitting on a roadside wall, approached the officer. “I am the owner of the Smart,” said the driver, on Friday identified by the witness as Karl Vella Petroni, who is pleading not guilty to involuntary homicide while driving . While taking down the driver’s personal details as instructed by his superior, the officer smelt alcohol on Vella Petroni’s breath.

The police say that he subsequently tested positive for alcohol, cannabis and cocaine. When asked what had happened, the driver told police that he had got a call from a friend who “felt bad” and was heading out to “console him”. After the crash “he recalled nothing else,” the accused told the officer at the incident site.

He was escorted to Mater Dei Hospital after complaining of chest pains and by 7am was ushered into a hospital cubicle, under the close watch of the constable who accompanied the accused inside the ambulance. It was the same officer who, upon superior orders, informed Vella Petroni that he was under arrest over suspicion of involuntary homicide while under the influence of drink. At that point, the suspect’s mobile phone was seized and placed inside an envelope.

Upon the arrival of lead investigator Inspector Godwin Scerri, duty magistrate Leonard Caruana and medico-legal expert Mario Scerri, the policeman took a step back observing as the suspect was spoken to. He also later accompanied Vella Petroni for the taking of a urine sample. Although doctors advised that the patient was to remain in hospital for further observation, Vella Petroni had immediately shrugged off the advice.

“I don’t want to stay. I’ll sign to leave. ” So the witness escorted the driver to the Mosta police station.

But, later that same day, after speaking to the inspector, Vella Petroni had to be accompanied back to hospital where he remained under police watch. Asked by defence lawyer Charles Mercieca whether he had noticed anyone besides himself speaking to the accused at the incident site, the police witness said that he did not recall. Emergency consultant Michael Spiteri had reached Triq iż-Żejfa within 10 minutes of the call to the control room alerting them to the bad crash.

As soon as he got there, he affected “rapid triage”, quickly assessing the situation of each of the three persons involved in the crash. The victim inside the field showed no signs of life and had injuries that were not compatible with life. He was assessed as “priority zero”, said Spiteri, explaining that, in line with international protocol, no attempt to resuscitate such a patient was called for.

Another man, later identified as the Smart car driver, was walking along the pavement. All efforts were thus focused on the third person who was lying on the pavement, barely conscious and in imminent danger of death. He was the one who needed “very aggressive resuscitation”, said the doctor.

That second victim had been hit by blunt force. Paramedics focused on airway, breathing and circulation, administering local anaesthetic and pain relief while he was being rushed to hospital where another team of medics took over. The patient’s heart stopped twice and was restarted before he finally passed away at the emergency department.

At Friday’s hearing, the court, presided over by Magistrate Marse-Ann Farrugia, turned down a fresh request for bail despite the defence explaining that the accused’s father was willing to step in as third party guarantor. The man had even contacted a psychologist and Caritas to secure every possible help for his son. Moreover, the accused was prepared to abide by strict bail conditions including a treatment and supervision order, argued Mercieca.

Vella Petroni’s brother had also contacted the accused’s employer to alter work hours so that the logistics officer could work during the day. However, the court decreed that the accused was still to show a “genuine motivation” to tackle his drug problem. Moreover, the probation officer’s report indicated that the accused could also have mental health issues which had to be addressed.

It would not be appropriate to grant bail before the accused was examined by a psychiatrist, stated the court, adding that it had to protect society and the accused himself. Finally, the court decreed that there was sufficient prima facie evidence for the accused to stand trial on indictment. Inspector Godwin Scerri prosecuted.

Lawyers Charles Mercieca and Gianluca Caruana Curran are defence counsel. Independent journalism costs money. Support Times of Malta for the.