A Cospicua man whose wife and son drowned during the 2001 Freedom Day Regatta was yesterday conditionally discharged for two years after he was found guilty of involuntarily causing their death.

John Paul Cesare, now 29, was found guilty of causing the death of his wife Josianne, 20, and their 18-month-old baby Gianluca through negligence.

The two drowned when a Ford Anglia parked at Xatt Ir-Risq, Cospicua, plunged into the sea on March 31, 2001 at about 3.30 p.m. The quay was full of people watching the Freedom Day Regatta which was called off after the incident.

Magistrate Audrey Demicoli ruled that although Mr Cesare was negligent, he had suffered a big loss with the death of his wife and son and that a jail term would be too hefty a price to pay.

The court heard that Mr Cesare had parked his car at Xatt ir-Risq and left his wife and son inside the car as he stepped out. He said that as he knew the handbrake was defective, he had put the car in reverse gear and pulled the handbrake, anyway.

However, court experts reported that the car had been found in third gear and had the key in the ignition in the "on" position.

The court heard that Mrs Cesare could not swim and that the car had been certified as roadworthy in November 2000. Mr Cesare had told the court he came to know about the faulty handbrake a month before the incident.

Handing down judgment, Magistrate Demicoli concluded that, after reviewing all the evidence, she felt the tragedy could have been avoided and that Mr Cesare had already paid the price for his negligence. She, therefore, conditionally discharged him for two years.

Police Inspector Alfred Mallia prosecuted.

Lawyers José Herrera and Joseph Giglio were defence counsel.