A 56-year-old man has had his fine reduced from €1,300 to €23 after an appeals court decided that that the evidence presented by the police to convict him of drink driving was "weak".

The case dates to December 2013, when Raymond Debono was charged with driving under the influence of alcohol, refusing to undergo a breathalyser test and driving without headlights.

Last March, the courts acquitted him of the second charge but found him guilty of the rest, fining him €1,300 and suspending his driving licence for six months. Mr Debono appealed the judgment.

The court noted that the accused had not refuses a breathalyser test out of capricious reasons but because he was seriously injured from the accident and suffered chest pains, rendering him unable to breathe into the machine. In fact, he was taken to hospital where he was certified to have been suffering from grievous injuries.

Madam Justice Edwina Grima made reference to testimony given by one of the witnesses - who was also involved in the accident - who claimed that Mr Debono was intoxicated because he was unsteady on his feet and because his speech was slurred.

However, the police officers on site made no reference to these details, merely testifying that Mr Debono carried a "slight smell of alcohol".

The court noted that the evidence leading to the conviction that Mr Debono was so intoxicated that it affected his driving was somewhat weak. The court highlighted the lack of scientific evidence and pointed out that his grievous injuries could have led to his "unstable" appearance. It stressed that the police officers agreed that the smell of alcohol emanating from him was only a "slight" one.

The court therefore acquitted him of the first charge and fined him €23 for driving without his car's headlights switched on.

Lawyers Jason Azzopardi and Kris Busietta appeared for Mr Debono.