Fined and flummoxed

Sometime in early November, I don't happen to remember the date, I was due to appear at Qormi local tribunal, to answer to the charge of having made a right turn in Manwel Dimech Street, Qormi, on my Kawasaki motorbike.

I had prepared myself for the case, having taken pictures of the road markings.

It so happened that that morning I had to collect a packet from Rabat post office, no one having been at my home when the postman called with it.

The packet turned out to be another warden charge, for making a right turn, on another day, in Manwel Dimech Street, Qormi, on my Yamaha bike.

I had done both right turns, and was guilty on both counts. And the bikes were a Kawasaki, and a Yamaha. I also have a 125cc MZ bike, if it interests the council to know.

But when I appeared in front of the commissioner of "justice" last month, I argued there were no markings or traffic signs on the road to indicate "no right turn".

The commissioner said there was a continuous white line painted in the middle of the road. I said it was a broken white line. The commissioner said it was not. I said it was, and gave him a photograph of the road.

I was acquitted. The commissioner took it with grace.

I said I hoped, seeing the warden was found to have made a mistake, that I would not have to appear again on December 4 to answer to the same charge. I argued they should not expect me to appear on another day, to answer to a charge for which I was acquitted, seeing I had already taken a half day's leave for someone else's mistake, and it would not be fair to expect me to do so again.

The commissioner was understanding, but unhelpful. All he could suggest was for me to inform the staff, when I called the second time, about the matter, and I would be called first.

Yesterday it was a rainy day, and I appeared in front of the commissioner again, flustered from the wet. The commissioner seemed to be already miffed, probably having heard me complain, in an audible voice, at 2.10 p.m. that it was not right for the public to be called at 2 p.m. and the "magistrate" was not there at 2 p.m. as well.

The clerk said did I expect to tell the "magistrate" what to do. I said I was not aware the "magistrate" had more rights than I. I expected him to be present at 2 p.m., if I was called to appear at 2 p.m.

Just minutes later I recognised the commissioner coming out of a darkened room - the lights were out at the council at the time. I made the point to him that I had been to Qormi tribunal twice already, and if the sitting was not heard because of the power cut, I was not prepared to come again, all because of someone else's mistake.

"It was not my mistake," the commissioner replied curtly.

The power was restored shortly afterwards. The council came up with its own evidence, this time. They produced a design of Manwel Dimech Street, and argued that for me to have crossed into the square I rode my bike to, I must have passed on the markings on the Valletta-bound lane, and this was illegal.

The clerk was clear. I was not being accused of having crossed the broken white line, he explained to me in a condescending tone, but of going over those markings. The charge said nothing about this. I was accused of making a right turn on Manwel Dimech Street. As far as I am concerned, this new one was a trumped up offence.

The commissioner asked me if I had ridden over the markings. It was obvious, from the design, that I could have avoided the markings, there was more than enough room for that with my bike. But I was under oath, and the offence had been committed at least one month earlier. I did not remember. I said I did not know.

"That does not exculpate you," the commissioner said.

But obviously, it condemns me.

I pointed out that the markings they were referring to were on the other side of the road, not on my side. Was I expected, on a bike, in really heavy traffic, to watch out not only for the traffic, and for markings and traffic signs on my side of the road, but also for markings, and signs, lying at least four metres away, on the lane going in the opposite direction.

"Of course you are," the commissioner said, warning me to shut my trap or he would fine me.

What if the traffic on the road was obscuring the markings, it has occurred to me now? Would I be expected to park my bike on the road, to see if there were any markings under the passing cars?

The commissioner fined me Lm10.

We shall see what result the appeal will give.