The Scotsman who was involved in a hit-and-run with a ministerial car last November and had two shots fired in his direction had an alcohol level in his blood that was three times the legal limit, a court heard yesterday.
Police Sergeant David Sant testified that the result of Stephen Smith’s breathalyser test was even more pertinent when one considered that this was taken at 2am, more than five hours after the 8.45pm incident.
The test was taken at Msida police station by a court expert on the orders of the inquiring magistrate and yielded a result of 109 per 100mg, while the legal limit is 36 per 100mg.
The officer was testifying in the compilation of evidence against Police Constable Paul Sheehan, 40, who is pleading not guilty to Mr Smith’s attempted murder last November 19. At the time, Mr Sheehan was the driver of former home affairs minister Manuel Mallia, who was sacked in the aftermath of the incident.
“I was on night watch and was informed by the control room about the incident under the Santa Venera tunnels. When I arrived there, I immediately noticed that Mr Smith was under the influence of alcohol. He was red in the face, had bloodshot eyes and was stammering,” Mr Sant said.
A policeman for 27 years, the witness said it was “evident” that Mr Smith was drunk, adding that he refused to take the breathalyser test at 9.44pm despite being warned at least five times that his refusal amounted to an automatic admission of guilt.
Mr Smith has openly admitted he was drinking at a bar prior to the incident. He has since been arraigned over drink driving.
Police Sergeant Sandro Mangion said that when he got to the scene, Mr Smith’s Vauxhall Insignia had already been loaded onto a police low-loader. He spoke to the policeman responsible for the low-loader, who told him he had received instructions from former acting police commissioner Ray Zammit to load the car and take it to the police depot.
Police Sergeant Kevin Camilleri, an officer in the Rapid Intervention Unit, said he saw Mr Smith in handcuffs.
The case continues.
Superintendent Alexandra Mamo and Police Inspector Saviour Baldacchino prosecuted.
Lawyer Edward Gatt is appearing for Mr Sheehan.