A man, who had been jailed for a year for driving recklessly when his licence had been suspended by the courts, was cleared on appeal.

Mr Justice David Scicluna noted that police had not proven that they had cautioned Josef Borg before taking his version of events.

Moreover, the main police evidence in the case against Mr Borg was based on hearsay.

In October 2012 Mr Borg had been found guilty of driving dangerously and recklessly, speeding, driving without a licence and when he had been banned from driving by the courts in Marsa on February 12, 2012, at about 6.30pm.

He was also found guilty of disobeying police, breaching the conditions of a suspended jail term and relapsing. He was jailed for a year and banned from driving for the same amount of time.

Mr Borg, through his lawyer Kathleen Grima, appealed arguing that the affidavit of a police sergeant, exhibited in the case against him, constituted hearsay. The sergeant was quoting what another police officer had told him. But the officer was not called to testify in the case against Mr Borg.

Moreover, he argued, the prosecution failed to prove he had been cautioned according to law. The judge upheld his arguments and cleared him of the charges.

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