A judge threw out a claim by a young driver charged with causing the death of a cyclist in a hit-and-run accident that his human rights were breached because he had no lawyer when interrogated.
Anthony Taliana, 26, from Buġibba, also pleaded to the Constitutional Court that reports by three court-appointed experts had also breached his rights because the content was based on what he had told them.
The criminal case against Mr Taliana was put on hold on a request by defence counsel pending the outcome of the constitutional case.
He is charged with the involuntary homicide of Clifford Micallef, drink-driving, driving a car without insurance cover and relapsing.
He had previously been convicted of dangerous driving.
Mr Micallef died on impact at 5am on July 30, 2009, about 20 metres from the entrance to the White Rocks Complex on the Coast Road.
In the judgment handed own yesterday, Mr Justice Joseph Azzopardi pointed out that it was evident that the accused was not a vulnerable person.
The manner in which the statement was taken indicated that the accused was arrogant with officers and was definitely not someone who would feel intimidated by the police.
He was cautioned before the statement was taken and it was clear that when he spoke to the police he did so voluntarily and without undue pressure.
Court-appointed expert Godwin Sammut testified that, judging by his own admission that he had 12 to 13 vodka cokes and going by an international standard to calculate the amount of alcohol in his blood stream, the accused was over the limit. The expert did not specify by how much.
The legal limit is 80mg per 100 ml of blood and 107mg per 100 decilitre for urine.
When he tested Mr Taliana, six hours after the accident, the urine sample reading was 98mg per decilitre of urine, nine units below the legal limit.
Mario Buttigieg, another court-appointed expert, had previously testified that the accused was driving at 114kph when he allegedly hit Mr Micallef.
He explained the front bumper of Mr Taliana’s car “disintegrated” on impact and the metal bumper reinforcement beneath it receded by nearly three centimetres.
In view of such damage and in line with an international formula, he calculated Mr Taliana was driving at 113.8kph at the time.
Police Inspector Kevin Farrugia prosecuted. Lawyers Michael and Lucio Sciriha appeared for the accused. Lawyers Joe Giglio and Giannella de Marco appeared for the Micallef family.