Malta Independent

Driver gave police officers fake name

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Michael Caruana Turner, the 20year-old charged with negligentl­y causing the death of a Dutch national when he lost control of his vehicle, mounting the pavement in St Julian’s, had given a false name to officers who were searching for him, an officer told the court.

Michael Caruana Turner, a fitness instructor, stands charged with the negligentl­y causing the death of 19-year-old Tim Scholten, slightly injuring five other people, driving recklessly and driving drunk. He is pleading not guilty. The accident took place in the early hours of 6 July. Caruana Turner’s Subaru Impreza mounted the pavement in Triq Gorg Borg Olivier, near the Neptunes waterpolo pitch, hitting a number of people. Tim Scholten was resuscitat­ed at the scene but died some days later in hospital.

Police Constable Alfred Bray testified, and said that on 6 July he was on duty at the St Julian’s Police Station. At 5 am they received a call to go to Borg Olivier Street in St Julian’s, where there was an accident. He testified that he and another officer went on site and saw a car on the pavement, a Subaru. He said that they saw a person lying in the middle of the road and someone administer­ing CPR. An ambulance came a few minutes later to assist the person on the ground. The driver of the Subaru was not on site. The person who was receiving CPR was the Dutchman.

The police then looked for the driver after having been given a descriptio­n, and stopped to talk to one who fitted the descriptio­n. The man told the officers that he was George Pace. He said that the police were not convinced by his story - that he was going home to sleep as he was tired. The police took him into custody. Eventually the police found out his name, as the vehicle was listed under his father’s name. The person in question was Michael Caruana Turner. The officer indicated that the person in question was the accused on the bench in court.

Defence attorney Joe Giglio asked the officer whether the accused had to be taken to hospital, to which the officer said he was taken to the Floriana Polyclinic. Asked whether he was under a state of shock, the witness said it was more like he had some injuries.

Giglio asked whether a medical examinatio­n was required because the accused was in a state of shock. The officer said he did not know whether the accused was in shock.

Asked upon whose instructio­ns the accused was taken to the polyclinic, he said that it was the Sergeant’s decision, adding that it is normal procedure given that some injuries were sustained.

Police Sergeant Edmond Fenech then took the stand, and said that on 6 July at around 4.50 am, he was passing through Gorg Borg Olivier Street heading towards Sliema, near the Park Towers corner, when he noticed brown smoke. He said he reduced his car’s speed as he could barely see anything. He said he saw a person running in the street, shouting, signaling him to stop. “Two metres away from me, when this brown dust settled, I saw a person lying on the ground. I parked, got out, and saw this person on the ground bleeding from his mouth. I called an ambulance and the St Julian’s police station for help. Aside from the person on the ground, there was another person with a head injury, and more people injured,” he said.

“I was on site just seconds after the accident occurred.”

He said the police and ambulance went on site, and that someone tried to administer CPR to the person on the ground. He asked people present who the driver was, but nobody answered. He said he did not give much notice in terms of checking for the driver until the ambulance came. After the ambulance took the people to hospital, they contacted the police station to see who the vehicle belonged to. They discovered that it belonged to a certain Nicholas Caruana Turner, but it was being driven by Michael Caruana Turner, the owner’s son.

He and another officer looked around the surroundin­gs between St Julian’s and Birkirkara, noticing a person fitting the driver’s descriptio­n, between St Julian’s and San Gwann, confirming it was him and taking him to the station.

The descriptio­n the police had at the time, he said, was that the driver was skinny with a black shirt. He said that the officers also confirmed who the person was using images on the police system.

During the sitting, Gasan Mamo Insurance Ltd asked asked for a surveyor to be allowed to check vehicle to see if the engine was tampered with.

The Magistrate said she will not accept to appoint a surveyor from Gasan Mamo, however the court reserved the right to appoint a technical expert to consider the allegation.

Defence lawyer Joe Giglio said that the issue besides being an allegation is not part of the merits of this case, and that once experts carry out the work by the inquiring magistrate, he said he is sure the vehicle owners and Gasan Mamo would need to deal with insurance issues. He said nobody made a claim so far, and added that once the vehicle is no longer in the ambit of this court then it is beyond the issue. The Magistrate said that she will not appoint the technical expert for now at this stage, pending the submission of the Process Verbal in the proceeding­s.

Dr Luana Formosa, from Mater Dei Hospital testified today, and spoke of the injuries received by the Dutchman as a result of the incident. The certificat­e issued when the man was admitted to hospital was “in danger”.

Magistrate Gabriella Vella presiding.

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