Had a breathalyser test been carried out when a Scotsman was involved in a hit-and-run with a ministerial car, the result would have been double the one showing he was three times above the legal limit, a court heard yesterday.

Court expert Mario Scerri said he had carried out a breathalyser test on Stephen Smith on November 20 at 1.55am, more than five hours after the incident, at 8.45pm.

Under cross-examination, Dr Scerri said that, assuming Mr Smith had the normal rate of metabolism as a normal person, the level of alcohol in the blood would have halved in the space of five hours. This meant that had the test been taken at the time of the incident, the result would have surpassed the 200 mark. “He was very drunk,” he said.

The test was taken at Msida police station on the orders of the inquiring magistrate and yielded a result of 109 per 100mg per decilitre, while the legal limit is 36 per 100mg/decilitre.

The result would have surpassed the 200 mark. He was very drunk

Dr Scerri was testifying before Magistrate Aaron Bugeja during the compilation of evidence against Police Constable Paul Sheehan, 40, who is pleading not guilty to Mr Smith’s attempted murder last November 19. At the time, Mr Sheehan was the driver of former home affairs minister Manuel Mallia, who was sacked in the aftermath of the incident.

Mr Smith, 30, from Birkirkara, was last July fined €2,000 for driving carelessly and under the influence but was cleared of more than half the charges brought against him. He had also been disqualified from holding a driving licence for nine months.

Magistrate Josette Demicoli ruled that the prosecution had failed to prove seven of the 11 charges brought against Mr Smith after its main witness, Mr Sheehan, refused to testify in court to avoid incriminating himself.

He was found guilty of damaging the ministerial Mercedes car, driving in a careless but not dangerous manner and driving under the influence of alcohol.