A lawyer was yesterday acquitted of fleeing after crashing into three parked cars, without the prosecution’s evidence being heard.

The case against Jean-Karl Farrugia was dismissed by Magistrate Consuelo Scerri Herrera after the prosecution failed to prove four of its absentee witnesses had been formally notified to appear in court.

Two of the witnesses, police officers, were on their way to court at the time.

The other two were owners of the damaged vehicles.

Court sources said acquitting the accused in such cases was standard procedure, with magistrates urged to conclude summary cases in a single sitting. The magistrate could only have deferred the case if the prosecution could prove it notified the four absent witnesses, the source said.

Dr Farrugia was charged with negligently colliding with the parked cars on September 7 in Qui-si-Sana and not reporting the matter to the police. An anonymous note left on the windscreen of cars blamed the damage on a car with a number plate corresponding to that of Dr Farrugia’s BMW.

Of the six witnesses set to testify, only the man who had reported the case, Peter Axisa, was in court yesterday. The other four were seemingly not notified while a fifth, Mr Axisa’s brother, has since passed away.

Mr Axisa told The Times outside court that police at Sliema police station had called Dr Farrugia the moment he reported the incident.

According to him, Dr Farrugia first told the police that his car was with a mechanic before conceding he was to blame for the hit-and-run.

Asked to comment, Dr Farrugia said he had left his car with the mechanic and was on his way to report the incident when the police called him.

Mr Axisa’s testimony was extremely brief, with the magistrate only asking whether he had witnessed the incident, if he knew who had written the note and if he had the note with him.

Upon hearing Mr Axisa reply “no” to all, Magistrate Scerri Herrera acquitted Dr Farrugia.

“I’m disappointed to find myself telling the media what I was hoping to tell the courts,” Mr Axisa told The Times afterwards.

Although the case was 33rd on the court’s list of sittings, it was the second case to be heard, just past 9am.

Court sources said this was not unusual: “Magistrates hear cases depending on which defence and prosecution lawyers are present. If they had to go by the list they’d be there all night.”

Police sources have indicated that they will appeal against the acquittal.

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