The young driver who ran over twin girls at 102 kilometres an hour in Attard last year has had his two-year jail term confirmed on appeal but his 10-year driving ban reduced to six months.
The ban was whittled down after the appeal court found that the 21-year-old drug addict, Maximilian Ciantar from Marsa, “was never charged with driving negligently and dangerously”.
Also, the suspension of Mr Ciantar’s driving licence will be enforced immediately and not once the jail term is over, as in the original judgment.
In launching his appeal, Mr Ciantar had argued that the jail term and driving ban were excessive.
In the first judgment handed down last July, Magistrate Doreen Clarke noted that Mr Ciantar had already been convicted eight times for various crimes, three of which were driving without a licence and insurance cover.
She found him guilty of involuntary grievous bodily harm and driving without insurance or a licence.
In his considerations, Mr Justice Lawrence Quintano yesterday said that as regards the jail term the magistrate was well within the parameters of the law.
However, when it came to the driving ban, Mr Ciantar was not charged with dangerous or negligent driving so the court found in his favour on this matter. The ban should therefore be reduced to six months, the judge ruled.
The girls, who are now 12, are still recovering from their injuries caused by the accident which occurred on the evening of April 28, 2010 as they walked on the zebra crossing in Ħal Warda Street, Attard.
Mr Ciantar hit Sarah Marie and Rebecca Marie moments after they emerged from a Christian doctrine class. The girls had waited until cars coming from their left stopped before their father, who was waiting on the other side, waved to them to cross as no other cars were approaching.
It took Mr Ciantar just 11 seconds to leave the traffic lights on Mdina Road, turn left into Ħal Warda Street and knock down the children, the first court later heard.
The girls were still suffering physically and psychologically from the horrendous accident that almost took their lives and might not make a full recovery, a number of court-appointed medical experts had testified in the first court.
In the days following the accident, Rebecca Marie was in a coma and in critical condition, and could suffer from the effects of post-concussion syndrome, surgeon Antoine Grech had testified.
Sarah Marie sustained a broken leg and injured ankle, which affected her growth plate. Orthopaedic surgeon Massimo Abela and forensic pathologist Mario Scerri had said it was likely she would need a lot of time of recover.
During the case, Mr Ciantar won €1,000 in compensation for breach of human rights because, although he had been granted bail, the conditions imposed meant he was denied effective release. He was kept at Mount Carmel Hospital because of his acute drug addiction.
Lawyer Adrian Camilleri appeared for Mr Ciantar.