‘Lurking doubt’ benefits driver charged with manslaughter

A driver who was given a suspended jail term for the involuntary homicide of a motorcycle rider had the penalty changed to a fine after an appeals court judge doubted the dynamics of the accident.

Shawn Bonello was over the legal alcohol limit and had overtaken three cars on the Coast Road in August 7, 2004 at about 1.40 a.m. when he crashed head-on into a motorcycle driven by Chiarlo Spiteri, who was riding on the north-bound lane.

Mr Spiteri, then 25, flew off his motorcycle for several metres and died on the spot. Marouska Cesare, then 18, was also catapulted off the bike and suffered serious injuries. The Magistrates’ Court handed down a two-year jail term suspended for four years last year after finding him guilty of involuntary homicide and causing serious injury to Ms Cesare.

Mr Bonello was also found guilty of damaging vehicles and driving dangerously and was disqualified from driving for 12 months.

Mr Justice Lawrence Quintano overturned the sentence with regard to the involuntary homicide and the serious injury on the basis of a traffic report which raised the possibility that Mr Bonello was in his lane during the impact.

He went on the wrong lane to overtake three cars, so much so that another driver on the same lane as the motorcycle flashed his head lights at the accused to have him move out of the way.

Things become unclear at this point because, according to a traffic expert’s report, it seems Mr Bonello did return to his lane after the other driver flashed the lights at him, suggesting that the motorcycle had invaded the lane the accused was driving on at the point of impact.

It was this “lurking doubt” that by law went in favour of the accused, Mr Justice Lawrence Quintano said before acquitting Mr Sammut of the involuntary homicide and seriously injuries charges.

The court revoked the suspended jail term, fined him €1,054 and disqualified him from driving for three months.