AG files appeal against driver’s acquittal in motorcyclist’s death
The attorney general has appealed a court decision that exonerated a cement-truck driver from all criminal responsibility for the death of a motorcyclist in Naxxar seven years ago.
The AG is arguing that the magistrate wrongly interpreted the evidence produced during the compilation of evidence, which proves the driver could not be completely exonerated for the fatal accident involving 27-year-old motorcyclist Johanna Boni on January 5, 2016.
“We just hope that, after seven years of suffering, justice will open its eyes. It’s not easy having to wait for seven years,” Johanna’s father, Pippo Boni said about the appeal.
Johanna was at a stop sign on her Kawasaki ER6N when she was run over. She was on her way to work.
Carmel Cauchi, then 53, was driving a heavily loaded left-hand drive truck down Labour Avenue, Naxxar.
The compilation of evidence started being heard by Magistrate Aaron Bugeja and then moved to Magistrate
Nadine Lia when Bugeja became a judge.
Last month, the truck driver was cleared of criminal negligence in the case. The court ruled that a miscalculated manoeuvre by the motorcyclist when she tried to overtake the heavy vehicle had contributed to the fatal impact.
The parents of Johanna said they were “perplexed” by the court ruling and called for an appeal to be filed.
Her mother, Josephine Boni, told Times of Malta following the court judgment: “My daughter was very cautious. Evidence has shown that she was at a stop sign when she was killed. She certainly was not completely to blame… There were various witnesses during the case and this boils down to the interpretation and evaluation of that evidence.
“This court judgment has made us feel like our daughter’s life has no value in the eyes of the Maltese courts.”
After losing their daughter under tragic circumstances, the parents discovered she had been buried in a body bag placed inside the coffin instead of in a red dress they had bought for her.
“We hope that, after seven years of suffering, justice will open its eyes
Since then, they have been fighting for their daughter to be given a proper burial, with that case still pending before the courts.