Driver Paul Bailey arrives in court with defence lawyer Giannella de Marco (left)

Thirteen people including a driver and many of the organisers of the Paqpaqli motorshow were arraigned in court this morning to face charges in connection with the dramatic supercar crash last October which left 23 people injured, some grievously.

Among the accused is millionaire driver Paul Bailey, who, according to a Magisterial inquiry, was mainly to blame for the incident, which saw his Porsche 918 Spyder crash into the crowd lining the runway at the airport during a display.

The other accused are Tonio Darmanin, Tonio Cini, Agostino Degiorgio, Jonathan Tonna, Kevin Perry, Melvin Haber, Ian Keith Cilia Pisani, Jonathan Bruno, Julian Mannara, Christopher Sultana, David Bugeja and Brian Gatt.

They stand accused of having, through imprudence, carelessness and non-observance of regulations: Involuntarily caused injuries of a grievous nature on various persons and having involuntarily caused damages on various motor vehicles.

All have pleaded not guilty.

The Magisterial inquiry report had found that Mr Bailey was not a "professional driver’ and the crash was a result of excessive speed and a lack of handling techniques and corrective measures. There were no mechanical failures with the car.

"While the driver is a collector of cars, he doesn't appear to have the necessary skills to drive such cars with such velocity," the inquiry had said.

The 11-member organising committee, including Mr Darmanin, the man mostly identified with the event, was also indicated by the inquiry as bearing responsibility for the “secondary causes” of the incident.

Tonio Darmanin arriving for the arraignment this morning with lawyer Joe Giglio.

The inquiry report said the organisers failed to place concrete barriers along the track and failed to prepare a safety plan and risk assessment. The Civil Protection Department and Mater Dei Hospital were not consulted. Additionally, the circuit lacked signage. The second chicane was not positioned at an adequate distance away from the the public. 

The inquiry exonerated President Marie Louise Coleiro Preca, saying she was in no way involved in the organisation or preparatory meetings of the event.

The arraignment is being made before Magistrate Aaron Bugeja. Police Inspectors Josric Mifsud, Silvio Magro and Hubert Cini are prosecuting.

ONE OF THE ACCUSED...SET UP MOBILE TOILETS

At the opening of the proceedings, lawyer Stefano Filletti said some of the charges were too vague. Different people carried out different tasks, different roles, he argued. The magisterial inquiry had defined primary and secondary responsibilities.. But one of the accused, Julian Mannara, for instance set up the mobile toilets, Dr Filletti said.

It was not clear which charges applied to whom. The accused had different roles and each should have been given a reason as to why he had been arraigned. The defence had not been given enough information on which to base its defence.

Inspector Mifsud said the arraignments had been made on the basis of the recommendations in the inquiry report.

DEFENCE RESERVATIONS ABOUT INQUIRY REPORT

Lawyer Joe Giglio said that all the accused are facing charges following a magisterial inquiry. "We have our reservations regarding the validity of the magisterial inquiry and the way it was held," he said.

Among them was the fact that Martin Bajada was appointed as court expert. He was given a particular role to carry out - however, during the course of the interrogation of Tonio Darmanin, this expert was present and took a role in the interrogation which went beyond the reason why he had been appointed. He had asked various questions, including about health and safety. His appointment as court expert had nothing to do with health and safety. 

Dr de Marco said that the civil court had expressed distrust in Mr Bajada - given that these were criminal proceedings, when consequences were all the more graver because the punishment could be incarceration. 

"I can't have faith in an expert, who was nominated by the court and therefore an extension of the court, without my being represented and being able to witness what was being going on." (See story about Martin Bajada at http://www.timesofmalta.com/articles/view/20160229/local/lawyer-found-guilty-of-theft-and-fraud-still-serving-as-court-expert.603938 )

Lawyers Michael and Lucio Sciriha asked the court to be given a copy of proces verbal and for the case to be deferred so that the defence counsel could view it. Lawyers 
also pointed out that they had also never been given a copy of the inquiry report.

Insp. Mifsud said the prosecution did not receive the entire inquiry report.
Regarding Mr Bajada, the inspector pointed out that when other courts were faced with the same dilemma, they would appoint another expert to oversee his report in order to decide whether it could be used as testimony.

Regarding the fact that the prosecution only based itself on a summary of the report, Dr Giglio expressed his "disappointment and disgust" that all the accused were charged after the Police Commissioner 'abdicated from his responsibility'.

The prosecution declared that it lived the entire process as it unfolded.

"This is a comedy of errors," Dr Giglio exclaimed.

The acts of the inquiry were never given to the prosecuting police officers, but remained at hands of the Police Commissioner, it emerged. The prosecuting officers merely received the magistrate's conclusions.

The court decided the proces verbal will be scanned for all. There also will be copies on CDs.

The case was adjourned to October 28.