Juan Ameen
Dangerous driver receives suspended sentence for fatality
Pick-up truck was being driven at an excessive speed - witness
The Peugeot 205 after the collision with the pick-up truck.
A man who caused the death of a young father and seriously injured his partner and three-year-old son in a head-on crash while speeding on the wrong side of the road was given a suspended sentence yesterday.
George Mifsud Bonnici, 32, of Marsascala, was given a two-year jail term suspended for two for causing the death of 31-year-old Charles Caruana when he smashed into his vehicle with his pick-up truck in May 2002.
The accident, which, the court concluded, was caused by “speeding and dangerous driving”, also left Mr Caruana’s partner, Sarah Bonnici, and their three-year-old son, Nathan, seriously injured.
Mr Mifsud Bonnici was driving his pick-up truck towards St Thomas Bay in Marsascala with his girlfriend, Marisa Farrugia, in the passenger seat. Approaching an angled corner, Mr Mifsud Bonnici turned sharply and at excessive speed, going onto the opposite lane and colliding “violently”, head-on, with Mr Caruana’s car.
Such was the impact that Mr Caruana’s vehicle, a hired Peugeot 205, moved backwards onto a rubble wall, which collapsed. The car was so badly damaged it was written off.
During the proceedings, court experts noted that the long brake marks and the damage to Mr Caruana’s car proved that Mr Mifsud Bonnici was “speeding excessively” and drove straight onto the other car.
However, the version of events given by Mr Mifsud Bonnici and his girlfriend did not tally with what the traffic expert concluded, both claiming the pick-up truck they were in never crossed over to the other side of the road.
Mr Mifsud Bonnici said he was driving slowly and as he turned the corner found Mr Caruana’s car facing him. He slammed the brakes and the two vehicles collided.
Magistrate Giovanni Grixti noted that the versions given by the accused and Ms Farrugia did not reflect the truth and were “false declarations” made under oath. “The facts, as preserved (at the scene of the crime), show that this version is physically impossible,” he said.
An eyewitness who corroborated the expert’s report said he was left speechless and was in shock at what he saw.
Jason Briffa said he was driving out of a side road when he spotted a pick-up truck approaching at such an “excessive speed” he promptly reversed because he thought the truck would cross lanes.
“I reversed as I thought he would crash into my car. As soon as he passed, I looked and drove out. I saw a white cloud and wondered what happened,” Mr Briffa said.
Once the cloud settled, Mr Briffa went “cold” as he noticed the pick-up truck had crashed into another car, which had been pushed onto a wall.
“I didn’t call the police because what I saw paralysed me... such was the shock. It could have been me instead of the victim because had I not reversed, he would have crashed into my car,” Mr Briffa said.
The magistrate said he was convinced “beyond all reasonable doubt” the accident was caused by Mr Mifsud Bonnici’s negligent driving at an “uncontrollable and excessive” speed.
Mr Mifsud Bonnici was found guilty of causing Mr Caruana’s death, seriously injuring Ms Bonnici, the boy and slightly injuring Ms Farrugia by driving dangerously and at speed.
The court noted Mr Mifsud Bonnici did not lose control of his car because of a moment of distraction but because he was speeding. Apart from the suspended sentence the court also suspended Mr Mifsud Bonnici’s driving licence for a year.
Police Inspector Morgan Azzopardi prosecuted.
Lawyers Franco Debono and Charmaine Cherret appeared for Mr Mifsud Bonnici.
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26 Comments
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Charles Falzon
Apr 7th 2011, 18:58
What a shameful sentence. It is very worrying as justice was not served.
Patz Caruana
Apr 7th 2011, 17:46
Luckily for him, Mr Mifsud Bonnici did not kill a bird while driving dangerous ... otherwise he might have been in jail by now!
What a joke our law courts are!!!
Joe Genovese
Apr 7th 2011, 15:45
Only yesterday a letter to the editor (which appeared hours before this piece of judicial shame broke) complained of the light sentences being handed down for some rather serious crimes.
One can only hope that the Prosecution will appeal against this insensitive inanity.
Yesterday someone chopped a sizable chunk off the "Long Arm of the Law".
With the full force of the law.
Judicial, by all means. But hardly judicious.
Ferdinand Buhagiar
Apr 7th 2011, 15:05
I consider this sentence to be scandalous and an insult to the victim and his family.
Tony Buhagiar
Apr 7th 2011, 13:58
A Suspended Jail sentence is a non-sentence. The person basically gets off scot free.!
What must one do in Malta to loose his driving licence, and go to jail for causing death
due to dangereous driving?. And what about compensation for the victims of such action.
Dangereous driving is like holding a lethal weapon and killing someone, only the weapon is a car. In this case the court judged that the man was guilty, if the sentencing is so light, shouldn't someone try and get parliament to toughen up on the sentences for death due to dangerous driving >
carmelo aquilina
Apr 7th 2011, 13:40
so killing someone by driving dangerously AND lying on oath gives you a suspended sentence ...the law is a disgarce and the AG should concentrate on this injustice. !
Gorg Borg
Apr 7th 2011, 13:36
Only In Malta can you kill a person, lie under oath and get off so lightly
Jane Goodwin
Apr 7th 2011, 13:35
Should have been banned for life from driving ever again.
One more nutter still on the Maltese roads...sick!!!!
Mean while there is a woman without a husband and a child without a father......Prosit justice???
The justice system needs an overhaul!!! It is so good to be the criminal and too late for the victim.....Big joke!!
Albert-G..Storace
Apr 7th 2011, 13:32
This is utterly DISGUSTING!!!! The older I get the more I despair of this once-fair land which keeps getting tainted by such goings-on. Life has no value at all, and everything is taken in consideration EXCEPT the victim(s). What a joke of a decision: a two-year suspended prison sentence and driving licence suspended for a mere YEAR! Such lethal drivers should be at least banned off the roads for a good ten years, if not permanently and a hot spell in prison to go with it.
Buhagiar Francis
Apr 7th 2011, 12:38
What kind of justice do we have? If an 18 year old will be caught with a small amount of cannabis or ecstasy pills he will be jailed, while if an irresponsible adult kills a person he will be given a suspended sentence.
anthony girard
Apr 7th 2011, 12:34
I say yet again.....the Law is an ass !!!
One year suspended licence.............unbelievable !!!
Maria Vella
Apr 7th 2011, 14:09
How much I agree with you. Funny how if we park illegally we are puinshed but if we kill someone we are given a suspended sentence. It only happens in Malta
Frank Muscat
Apr 7th 2011, 12:33
A hunter was jailed for six months for breaching hunting regulations and a reckless driver kills a human being and gets a suspended sentence. It seems that life means nothing to our Courts. SHAME. When is our Government does away with these suspended sentences and enact a sentencing policy.
Leo Bartolo
Apr 7th 2011, 12:13
A man stole 600 euros. He threatened 5 persons at knife pont. He apologised for his actions.He Promised that he would refund the stolen cash.
Verdict: 5 YEARS IMPRISIONMENT.
A driver through reckless and dangerous driving was found guilty of KILLING a 31 yearl old man and seriously injuring the dead man's partner and their 3 year old son.
Verdict: SUSPENDED SENTENCE AND SUSPENDING HIS LICENCE FOR ONE YEAR.
UNBELIEVABLE BUT SADLY TRUE
F.Farrugia
Apr 7th 2011, 11:58
Hope that the sentence will be appealed.
DVella
Apr 7th 2011, 11:50
. . . suspended his driving licence for a year (!) This beggars belief! Why was the licence not permanently revoked? As usual, the sentences handed down by our system of justice seem totally unrelated to the gravity of the offence not to mention all other implications!
It seems that the honest, law abiding citizen has no right to feel safe on the roads with the knowledge that irresponsible people are prevented (or at least deterred) from causing a recurrence of such horrific events. Are we honestly meant to believe that a suspended sentence and the loss of a licence for a mere year are any sort of deterrent for the crass irresponsibility and ignorance that caused this tragedy? One would have imagined that the charges would include involuntary homicide, dangerous driving, damage to property and grevious bodily harm to name just the ones that spring to mind . . . not to mention the probability of giving false evidence. Is the severity of such actions really reflected in the unbelievably lenient sentence?
No wonder the average citizen has little regard and even less respect for the law courts and the justice system!
Carmel Gatt
Apr 7th 2011, 11:43
What a shame! A man who caused the death of an innocent man and made of his son an orphan gets only a slap on the wrist by this bastion of the law. For far too long now these sentences have been meted out to those who cause death and destruction on our roads. Court sentences like these are sending very clear messages to these monsters who dominate the Maltese roads. And what about the perjury? Was weren't this man and his partner punished for lying under oath? Did the magistrate take into consideration the pain, the suffering and the anguish caused to the families of the victims? What a shame! Indeed something is rotten in this country and it is not difficult to find the cause.
Karl von Brockdorff
Apr 7th 2011, 11:01
Also, a couple of weeks back I read that a man was rewarded over 1 million in damages by the accused for being left disabled due to an accident of similar circumstances. Why was this fool not made to pay the family a hefty sum too? He should be made to pay the deceased victims salary to his family indefinitely besides a long jail term and still that wouldn't be enough. Simply disgusting.
A. Mizzi
Apr 7th 2011, 10:40
Bis-serjeta?
Sentenza li zgur ma hiex ta' deterrent. Kondoljanzi u sabar lill familja tal-vittmali zgur mhux qedgha thoss illi l-gustizzja saret mal-vittmi ta' din it-tragedja.
Tragedja AKBAR hija kif ittiehdet is-sentenza.
Jamie Tanti
Apr 7th 2011, 10:31
There is something rotten in the state of Malta and it is our legal system. How can ordinary citizens hear that a man caused another man's death and was given a suspended sentence and not feel that things do not add up.
Roger Chenery
Apr 7th 2011, 10:29
This is pathetic, disturbing and unbelievable. No value whatsoever has been placed on a human life lost so unnecessarily and also no justice for the survivor and her son.
Phil Humphries
Apr 7th 2011, 10:07
The time between the 'accident' and the trial must have been a living hell for the families of the innocent victims, yet I fear that this 'sentence' has only served to compound their grief.
I can only imagine that the Magistrate's sentencing powers were restricted and that his hands were tied, in which case those powers need to be reviewed.
Sincere condolencies to those concerned. May God bring you peace.
R. Gauci
Apr 7th 2011, 09:43
Il-kings of the road wara din is-sentenza jistghu johorgu bil-pick ups taghhom jitqazzu aktar milli qed jaghmlu u joqtlu nies innocenti ghax ma jehlu xejn hlief sentenza sospiza. Tal-Misthija!!
Karl von Brockdorff
Apr 7th 2011, 09:40
Is this a joke?! PATHETIC!
2 years suspended jail and 1 year suspended license? After lying in court too? This guy is a murderer who obviously has no remorse for destroying these peoples' lives. Lock him up, fine him and make sure he is never on the road again.
Michael Camileri
Apr 7th 2011, 09:29
Yawn, another suspended sentence for another speeding fool.
Poor family, I hope time has helped with the loss.
Chris Finch
Apr 7th 2011, 09:04
Is life so cheap in Malta?
Why so light a sentence?