A 24-year-old man was cleared of dangerous driving on appeal yesterday after a court found that the police had failed to caution him about his right to remain silent.

David Shaun Galea, from Żebbuġ, had been jailed for six months and had his car confiscated after being found guilty of driving in Qormi without a licence and insurance, driving dangerously and relapsing on January 12, 2011. He appealed the judgment and argued, among other things, that the police did not caution him.

Mr Justice David Scicluna, presiding over the appeal court, noted that the police had summoned Mr Galea, who went voluntarily to the police station. Once there, he was a suspect and should have been cautioned about his rights but he was not. For this reason, the court cleared him of the charges brought against him.

According to law, a person subject to questioning has the right to refuse to answer. Thus, before any questioning, the police must inform suspects they do not have to say anything unless they wish to and that what they said could be produced as evidence in court.