Driver appears in court for second time over same manslaughter charges

One month after being cleared of criminal responsibility for involuntarily causing the death of a man when she ran over him with her car, a woman was yesterday re-arrested and arraigned again after a judge ruled that she had a probable case to answer for.

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

On May 15, the Magistrates' Court discharged Ms Dimitri ruling there was not enough evidence to indict her.

The Attorney General filed an application contesting the decision before the Criminal Court, presided over by Mr Justice Joseph Galea Debono. The judge heard that, on the day of the incident, Ms Dimitri was driving from Vittoriosa to Cospicua and Mr Castellano was crossing the road from right to left.

When Mr Castellano was half way through the road and saw Ms Dimitri's car approaching, he hesitated whether to keep walking or stop.

Probably assuming that he would keep on walking, she tried to swerve and, as the right-hand side wheels of her car were on the central strip, she noticed the oncoming traffic and realised she could not avoid the pedestrian and in fact she hit him without braking. Mr Justice Galea Debono noted that negligent driving was not limited to speeding and included errors of judgment. 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, prima facie, there were not sufficient 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 arraigned yesterday 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.