Man acquitted of drink-drive charge after charge sheet discrepancies
A man was acquitted of drink driving today after a court found there was discrepancies about his identity on the charge sheet.
Nathan Nicholas Baldacchino, 21 had been accused of having injured a man when he drove his car dangerously while drunk.
He was also found not guilty of damaging the façade of the Tip Top shop in Fgura. The incident happened last December 5.
The court found that there were inconsistencies in the police report, the charge sheet and the ID card number of the accused, as well as inconsistency in the breathyser test.
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Kev Samut
Jun 13th 2011, 22:44
Why there is always a way one can escape from a serious crime like this.
I once was ordered not to drive for 6 months as I overtook a bus and had to pass on the opposite side of the road as the bus stopped in the middle of the street to pick up passengers.
Maybe I wasn't lucky Mr Magistrate?
riccardo borg
Jun 13th 2011, 17:44
We are all subject to gross errors especially the police. Any error they commit has its repercussions as shown quite clearly by this case.
I remember acting as a juror on a case of a youth accused of attacking another with a penknife. The youth was accompanied by his brother, as an accomplice in the same case, who was equally guilty but was fined twenty three Euro in a Magistrates Court.
In this case, the accused stood to be sent to prison or get a hefty fine. It was a case of bad police handling. The accused was found guilty by the Jury but was let off with a warning.
Joseph Vassallo
Jun 13th 2011, 15:30
Does the balance of probability ever enter the scenario?
Is it true what they about the law having big ears and four legs?
Mr Biker Man
Jun 13th 2011, 15:11
Maltese justice at its best !!!
Mr Peter Murray
Jun 13th 2011, 14:43
The magistrate should charge the police with wasting the courts time and the victim should sue the police for gross negligenceand misaapropriation of evidence.
Mr Joseph N. Attard
Jun 13th 2011, 14:14
Mr Baldachino seems to be in somebody's good books!
Mr J Xerri
Jun 13th 2011, 13:23
... and who is going to compensate the victims now?
Mr Peter Magnell
Jun 13th 2011, 12:59
Slap in the face to the victim
Mr James Cauchi
Jun 13th 2011, 12:34
Multiple inconsitencies.
Who is accountable?
Mr Paul Barrett
Jun 13th 2011, 12:15
Does not anyone have the responsibility to check these minor but vital details before wasting Court time and money. One minor error is not good but understandable, two is careless and should not happen, three or more is absolutely not acceptable and reflects extremely bad pre-trial procedure and preparation by the prosecution.
D. A . Agius
Jun 13th 2011, 12:13
Well done. Let him drink and drive
I don't blame the courts only on this. Whoever is in power seems not being able to comprehend how to make bureaucracy work for the good of Justice, and not Justice at the mercy of bureaucracy.
Why isn't the Police Report and charge sheet harmonised as to be one complete system. Why was the ID card of the accused inconsistent? What were the inconsistencies of the breathalyser test?
I understand in such a case the Magistrate will probably have sent a communication to the Commissioner of Police telling him to take any measures needed so that this does not happen again.
Will this one take steps to analyse the problem (possibly an archaic and obsolete system, possibly in place for donkey's ages) and not the instance (i.e. disciplinary measures against the Policewo/men who may have committed mistakes)?