Woman re-arrested over traffic fatality

A woman was re-arrested and arraigned in court today, a month after being cleared of criminal responsibility for involuntarily killing a man by running him over.

The fresh arraignment was made after a judge ruled that she had a probable case to answer.

Earlier this year 29-year-old Kelly Dimitri had been charged with the involuntary homicide of Frenchman Jean Philippe Castellano while she was driving through Santa Margerita Street in Cospicua on April 14, 2007 at 1 p.m.

On May 15, 2008, the Magistrates’ Court discharged Ms Dimitri after ruling there was not enough evidence to indict her. The Attorney General filed an application contesting this decision before the Criminal Court presided by Mr Justice Joseph Galea Debono.

The judge heard how, on the day of the incident Ms Dimitri was driving from Vittoriosa to Cospicua when Mr Castellano was crossing the road from right to left. When Mr Castellano was half way across the road and saw Ms Dimitri’s car approaching he hesitated whether to keep crossing or stop where he was. Probably assuming that he would keep on crossing the road, she tried to serve behind him and, as her right wheels were on the central strip, she noticed the oncoming traffic and realised she could not avoid the pedestrian so she hit him without braking.

Mr Justice Galea Debono noted that negligent driving was not limited to speeding but also included errors of judgement.

Besides, the fact that the pedestrian was confused or negligent did not automatically exonerate the driver from criminal responsibility. The court did not agree with the first court’s decision that, at prima facie level, there were insufficient reasons for the case against Ms Dimitri to proceed. The court therefore upheld the Attorney General’s application and ordered the re-arrest of Ms Dimitri and that she be arraigned again over the same case.

She was consequently arraigned this afternoon and pleaded not guilty to the charges. She was released on bail. Police Inspector Alexander Grech prosecuted. Lawyer Robert Abela appeared for Ms Dimitri.