The owner of a waste collection company has been ordered to refund €107,588 paid by his insurers to an accident victim after false testimony about the accident was noticed. 

Bartholomeo Debono, as owner of R&R Waste Kleaners Ltd, was sued by Gasan Mamo Insurance Ltd after one of the company's trucks was involved in an accident wherein a third party was grievously injured.

Criminal action had been instituted against Ronald Debono, the owner’s son, who however was ultimately acquitted after it was discovered that at the time of the accident it was actually his father who had been at the wheel.

Separate criminal action was subsequently taken against father and son in relation to false testimony.

The victim of the traffic accident instituted a civil case for damages against both father and son, as well as the waste removal company. In July 2007, the court upheld the claim for damages and awarded him €107,343 comprising expenses and interest.

The insurance company in turn filed civil proceedings against Bartholmeo Debono, claiming that he had breached the insurance policy since he was not in possession of the necessary licence to drive the refuse truck.

The First Hall, Civil Court, presided over by Mr Justice Lawrence Mintoff, observed that Mr Debono had tried to hide the fact that at the time of the accident he had been behind the wheel, urging his son, a fully-licenced truck driver, to take the blame, thereby giving false testimony in the proceedings.

This falsehood meant that the waste removal company would have avoided having to reimburse the insurance company the funds paid out to the victim of the accident.

The court concluded that Bartholomeo Debono had coerced his son to give false testimony under oath. The court held the man responsible for the accident and ordered him to reimburse Gasan Mamo Insurance the sum of €107,588 previously forked out by way of damages to the victim.