Black belt jailed for road rage injuries
A British black belt was jailed for four years for punching and kicking two elderly men in what the court described as "an uncontrolled display of fighting".
Triston Scott Haynes, 41, was charged with grievously injuring David Shephard, 63, and Joseph Attard, 62, after a traffic accident on May 10, 2003 in Swieqi.
The incident happened when Mr Attard tried to overtake Mr Haynes's car. He had to try three times before succeeding but Mr Haynes almost immediately tried to overtake Mr Attard's car from the inner lane. He collided with it in the process and stopped right in front of the vehicle, blocking its path.
Mr Haynes got out of the car and started walking towards Mr Attard, who also alighted and started explaining that he had two disabled people with him in the car.
In the vehicle, in fact, there were Mr Shephard, who suffred from epilepsy, his wife Mary, her sister Pauline, who has Down's syndrome, and Mr Attard's wife.
However, Mr Haynes immediately hit Mr Attard in the eye. Mr Shephard then stepped out of the car to help his friend, who was sprawled on the bonnet and covered in blood.
In his testimony, Mr Shephard compared Mr Haynes's moves to those of Kung Fu actor Bruce Lee. "All of a sudden I saw him (Mr Haynes), like Bruce Lee, the movements of Bruce Lee's Kung Fu, hitting, boom, boom, boom, boom. My friend looked like a skinned rabbit."
Mr Haynes hit Mr Shephard several times, including two blows to the chest. He passed out and regained consciousness in hospital.
When asked in court whether he practised martial arts, Mr Haynes said he did not. But he admitted to taking part in martial arts, "in doing Karate, which is like a dance movement".
Later, however, he admitted being a black belt.
In handing down judgment, Magistrate Jacqueline Padovani said Mr Haynes's version of events, that he was attacked viciously by the two elderly men, was not credible, "highly improbable and simply does not bear up".
Mr Shephard's and Mr Attard's testimony were credible and dependable.
Not only did Mr Haynes "utterly fail" to prove he acted in self defence but "as a black belt practitioner of a martial arts discipline, he engaged two elderly men, one significantly smaller than him in stature, in an uncontrolled display of his art of fighting".
The court noted that he tried to hide the fact that he was a black belt and was only "cornered" into admitting it.
As a result, she found him guilty of grievously injuring the two men and jailed him for four years.
28 Comments
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Kenneth Abela
Feb 2nd 2010, 15:25
OFFICIAL STATEMENT
As president of the Malta Karate Federation, may I set your readers' minds at rest that this person is NOT a member of our Federation. We deplore such incidents and ALWAYS emphasize evading trouble with our members thus physically running away from danger if possible, and that only in extreme cases should they use their acquired skills.
Having said this, I disagree that being a black belt should warrant any added penalty. Yes, ideally black belts should be disciplined in the use of their skills as highlighted above, and all respectable martial arts will not want any irresponsible people to form part of their organization. The only added penalty that could apply would only be that the person would be stripped of his black belt, yes because it is not condusive to behaviour in the Dojo, but adding to the penalty just because he is a martial artist/black belt is not correct and the matter should stop where it did.
Dennis Zammit
Jan 30th 2010, 03:04
I tend to agree that being a martial arts black belt, just like a professional boxer, using his experience against others outside the gym or ring should be considered as attempted murder especially if the victim is an elderly person.
Well done Justice.
This shows that although very late, justice prevailed.
j.spiteri
Jan 29th 2010, 22:32
@S. Abela
If in Saudi Arabia they use guns to kill each other, as you are suggesting in the most racist manner, then it is not the place for me. As a gun owner, like many tens of thousands in Malta, we enjoy organizing tournaments and putting Malta on the map for a good reason.
anthea doughty
Jan 29th 2010, 20:28
How ashamed I am that a fellow Brit acted in this fashion but also how sad that I am not surprised. This is the type of driving and madness road rage behaviour that one encounters on a daily basis here in Britain unfortunately. I am vey glad that Mr Haynes has been jailed for four years. I also hope that like every other immigrant to your country, legal or illegal, that he is deported upon finishing his sentence. He should have automatically lost the right to enter your country ever again let alone stay.
Jesmond Micallef
Jan 29th 2010, 16:46
T.Tanti, What is so childish about my comment ? PRIDE......!!! may I compliment you !!
I do read the news just like yourself and was simply making my stand after a court room decision was taken, not before. I also humbly asked a question, no !!!
With regards to something happening to me, "Should I be "cautious" what to comment about ?" Your logic seems to indicate so. !!
I really wish that nothing happens to me or anybody else for the matter. If something does indeed happen to me, I will have to face it as an adult does !!
j.spiteri
Jan 29th 2010, 16:04
Mr. Maloret, I have nothing against martial arts. I was just being sarcastic towards some bloggers that never miss an opportunity to label guns/owners as the cause of all the evil in this world.
I. Gatt
Jan 29th 2010, 15:54
David was a member of my staff many yeras ago and even during that time I knew him to be a very gentle and docile person, let alone now after 20 odd years. He certainly did not deserve to be beaten up and I am very sorry that he suffered injuries. Thumbs up to the Majistrate...
Tony Gatt
Jan 29th 2010, 15:30
Seven years for this case to be brought to court is unbelievable given that there are probably more lawyers per square metre in Malta than in any other European country.
Whatever the merits of the case, the saying "Justice delayed is justice denied" certainly appears to hold good here.
victor pulis
Jan 29th 2010, 14:57
So, Karate is like a dance movement. well he can waltz his way all the way to Corradino then!
William Xerri Aguis
Jan 29th 2010, 14:32
I don't personally think that martial art should be banned as a matter of fact it is good for people in good health and with a sporting attitude to take up this sport, the idea is to walk away from any such porblems ie., assaulting another person> not to show off and indulge in that behaviour as this English man did, thats letting his country men down good and proper, the British have a bad name as it is on the island without this man making a fool of himself. To me he is not a true martial art person. So i am please that he is being made an example of by locking him up for an indefinite period then BOOT HIM OUT From THIS PEACEFUL COUNTRY PRONTO. I love the sport of karate the first thing i was thought by the master at the time in Canada, is to walk away and if there are any problems let the Police handle the situation. Martial is a sport and nothing else.
Jesmond Micallef
Jan 29th 2010, 13:48
Thank you adult commentator T.Tanti, I will keep that in mind. In the meantime, my childish comment was published here !!! Children have indeed quite alot to say, that's why I'm my mothers child. !!!
Sylvana Zarb Darmanin
Jan 29th 2010, 13:26
Brian Maloret, "If you are basing that comment on this one incident it is like saying that if a car driver kills or maims a pedestrian then all cars should be banned from the island!"
It seems to escape you that in Malta we have a group of extremists who persistently ask for a ban of guns whenever an accident / illegality occurs! This is what Mr/Ms J Spiteri was actually referring to. Thanks for confirming by your below comment, how illogical these extremists are!
lgalea
Jan 29th 2010, 13:17
Jesmond Micallef, Neville Calleja
I certainly think so
DVella
Jan 29th 2010, 13:13
Serves him right!! Even if one considers a totally different side of the story and give the man the benefit of the doubt, even if he was acting purely in self-defence which, given the facts is unlikely, he seriously injured two elderly persons, one of which is an epilepsy sufferer. Cowboys like these give a bad name to martial arts with their disgusting and barbaric behaviour and tarnish all those who practice them!! Nice one Magistrate!!
Lawrence Fenech
Jan 29th 2010, 13:07
Some people are luckier than others at the Law Courts. Congrats to the two old gentlemen.
S. Abela
Jan 29th 2010, 12:52
@J Spiteri
Had a gun been used, the victims would by now be 6 feet under. Yes, guns are a worthless possession.
Furthermore, what are you suggesting? That we cut the hands of martial art experts? Go live in Saudi Arbia, Mister. Malta is not for you.
Brian Maloret
Jan 29th 2010, 12:31
j.spiteri
Although I do not condone the violent behaviour that this man inflicted on these people and fully agree with the sentence of 4 years imprisonment given to him; my experience of having lived in the UK for many years and now through reading the British newspapers on-line, citizens of any nationality living in the UK who are arrested for offences of violence quite often get a non custodial sentence and if given a prison sentence it is generally a short one. I have noticed that sentencing here in Malta for all offences especially drugs is more severe than in the UK. And your comment about martial arts being banned from the island; why? If you are basing that comment on this one incident it is like saying that if a car driver kills or maims a pedestrian then all cars should be banned from the island!
Charles Muscat
Jan 29th 2010, 12:30
I have very little to write regarding this incident other than give the tumbs up to the magistrate. Well done magistrate.
N. Borg
Jan 29th 2010, 12:15
Ok what Mr. Haynes did was deplorable, but come on driving a car with two disabled, aged people should not warrant an attempt to overtake three times.....some responsibility towards the passengers should be shown.
John Falzon
Jan 29th 2010, 12:01
The only problem here is the usual one - why it takes almost 7 years to bring such a straightforward case to Court.
Seven years of having a sword hanging over your head is unfair to say the least. One cannot even take any decisions at a personal level, for instance to study or marry or even travel.
That means you effectively get two sentences rolled into one.
T.Tanti
Jan 29th 2010, 11:57
Mr Jesmond Micallef, spare us your childish comments.
There are always two sides of a story and you cannot suggest any punishment since you were not attending any court sitting! I read this article and even the story published by the accused himself. But I am no one to suggest any punishment!!!
Maybe something will happen to you and you will speak in a more mature way!
j.spiteri
Jan 29th 2010, 11:51
Just imagine a Maltese citizen acting in such a violent manner in Britain. Bet the charge would be that of attempted murder of two elderly persons.
One other thing, where are the anti-guns sect members to condemn this violence and ask for all martial arts to be banned from the island? Oh sorry I forgot! Guns are violent not persons….sorry again, my mistake!
Joseph Galea
Jan 29th 2010, 11:32
Good for the magistrate. Maybe Mr. Haynes can use the time in jail to contemplate the harm he has done and learn to control his temper.
Jesmond Micallef
Jan 29th 2010, 11:15
Shear disgusting behaviour from Triston Scott Haynes !! Re-considering the content presented here today, would it not mean in legal context, a case of attempted murder, ?? I humbly ask !!!
ken nolan
Jan 29th 2010, 11:14
Well done to the Magistrate in this case. I hope this cowardly bully meets a few other Black Belts in prison who can practice their art on him.
Ramon Casha
Jan 29th 2010, 11:12
"in doing Karate, which is like a dance movement"
Be sure to pack your tutu
Neville Calleja
Jan 29th 2010, 10:40
Given the clear breach of the martial arts code of ethics, I believe that the relevant Karate body should strip him of his black belt and any associated status.
Randolph Spiteri
Jan 29th 2010, 10:34
Certainly road rage incidents cannot be tolerated .
However, if I may comment quoting the article "He had to try three times before suceeding" ... to me it seems more like a case of infantile pique !
In addition, when one is transporting disabled persons, more attention should be given before trying to practice overtaking skills !
That said, the incident is indeed deplorable as it is unacceptable to hit other people even if it's their fault that the road accident occurred.