Mosta double fatality : Eyewitnesses describe defendant’s car swerving into opposite lane

Eyewitnesses have described in court how a car driven by a man, accused of killing two men in Mosta while driving under the influence of drugs and alcohol, had swerved on to the wrong side of the road and collided head on with the victims’ motorcycle.

Karl Vella Petroni, 41 years old, was once again denied bail on Friday, as the compilation of evidence against him continued before Magistrate Marseanne Farrugia.

Vella Petroni is accused of the involuntary homicide of Faizan Muhammad and Ali Abbas on 5 May, when he had swerved into the wrong lane and collided head on with the Yamaha Crypton motorcycle that the two victims had been riding on their way to the Rabat factory to start their work.

Vella Petroni has been remanded in custody since his arraignment, 11 days ago, when the court had first been told that Vella Petroni had tested positive for alcohol, cocaine and cannabis, and had been driving on the wrong side of the road at the time.

One witness, a jogger, who had been on an early morning run, due to preparing for a marathon, gave a striking account of what he had seen. “I had been jogging in the direction of Mgarr. I saw the Smart coming from the opposite direction... he lost control and crossed into the other lane and hit the motorcycle.”

“It was coming at high speed and started swaying, swerving, and then collided with the motorcycle”, he said, when asked how the car had been moving. There were no other vehicles in the vicinity at the time, he said. The car had ended up on the pavement on the other side of the road, added the witness, in reply to a question from the prosecution.

He recalled witnessing the deaths of the two people who had been riding the motorcycle.

“At the moment of impact, I saw the passenger being hurled into the field and the driver on to the ground.”

Asked whether any other persons had been involved in the incident, he said that the driver of the Smart had got out of the car after hitting the pavement. The witness recognised and pointed out the defendant in the courtroom as the driver.

He was unable to recall what the driver had been doing in the immediate aftermath of the crash, he said, as he had been focused on the victims. “To tell you the truth I didn’t pay attention [to the defendant] because I was concerned about the man on the pavement. He wasn’t breathing... I ran down the street to get the street name and called the ambulance.”

There was blood in the mouth of the man on the pavement, who had also suffered a broken leg. “I tried to talk to him, but he wasn’t responsive”, recalled the witness.

The man who had been catapulted into the field was not breathing either, confirmed the jogger. “He was sprawled on the ground and I didn’t go near him.”

The witness said he had spoken to the driver of an Audi, who had also observed the incident, and discussed what they had seen. He had also described what he had seen to a police officer who haed arrived at the scene shortly afterwards.

He had not attempted to speak to the Smart driver, he said.

Cross-examined by defence lawyer, Charles Mercieca, he said that he victim who had ended up in the road had been wearing a helmet.

When asked what the Audi driver had told him he had seen, the witness said that he could not remember.

Inspector Scerri exhibited three sealed evidence bags containing items belonging to the deceased victims, which were collected from the scene. One bag contained two motorcycle helmets that had been found on the road, not far from the motorcycle.

Magistrate, Marse Anne Farrugia, noted that a bail request had been filed by the defence on May 15, which had also been replied to by the Attorney General. Inspector Scerri told the court that, in view of the AG’s written reply, he had no further civilian witnesses. “If the court decides to grant bail, we suggest a strong deposit and a curfew, to correctly reflect the gravity of this case”, submitted the inspector.

The defence submitted that the legal requirements for bail were satisfied and that Vella Petroni had obeyed the conditions of his police bail. It said that should bail be granted, the defendant wished to be placed under a supervision and treatment order during these proceedings. The defendant’s father and brother, who were present in court this morning, were prepared to act as third-party guarantors, the lawyer said.

The civilian witnesses had now testified, the defence argued, and so there were “no reasons to keep Vella Petroni under arrest.”

Inspector Scerri clarified that police bail had to be granted because the accused had requested treatment in hospital, and the 48-hour period within which they had to arraign him would have lapsed otherwise. Mercieca replied that Vella Petroni had obeyed the conditions of his police bail and had returned when required to.

The court however denied bail, saying that although it was true that all civilian witnesses had now testified, it could not ignore the fact that Vella Petroni had already been convicted of drunk driving, and in view of his criminal record at the time of the incident it was not convinced that he would obey his bail conditions. Before being released on bail Vella Petroni should be assessed by a probation officer, said the magistrate, ruling the bail request to be premature at this stage.

It ordered that the defendant be placed under a temporary supervision order.

The case was adjourned to June.

Lawyer Matthew Xuereb is appearing as parte civile for both of the victims.