The Porsche Spyder 918 at the heart of the Paqpaqli Għall-Istrina crash was being driven on race mode with both its general and traction controls switched off when its driver lost control, ploughing into the crowd of spectators.
This fresh information came to the fore during a day-long sitting in the compilation of evidence against Paul Bailey, the Porsche driver, and the other members of the core organising committee of the former annual charity car show which ended in tragic circumstances in 2015.
Three Porsche engineering experts, who formed part of a six-man team summoned to Malta to assist local experts after the crash, were on Tuesday testifying via video conference from Germany to enlighten the court on their findings in respect of Mr Bailey’s hyper car which they examined during their visit to Malta back in October 2015.
Thomas Gruenter, electrics and electronics specialist with the German car manufacturer since 2002, explained the Porsche Spyder 918 had five driving programmes which the driver could select at the press of a button on the steering wheel shifting the driving mode from the least powerful e-power and hybrid onto the sports, race and hot lap modes.
In the latter two, the maximum power available is added, the expert explained, taking the vehicle up to its maximum performance power of 900 bhp.
The engineers’ task had been to draw up a diagnostic protocol, namely a list of entries of diagnosis in case of damage or defect, stored in the vehicle.
Using testing appliances normally used in Porsche workshops, the engineers had first re-started the damaged Spyder so as to set the controls going and had then plugged in their work laptop to the diagnosis box inside the vehicle so as to extract the data required for the protocol.
In the process, it was established that at the moment of impact, the Spyder had been set on race mode, with its general and traction controls both switched off, the expert said, explaining further that such stabilisation control was used in case the vehicle ended up in a critical position.
Upon further questioning, Mr Gruenter explained that when the car was switched on, all systems would automatically be switched on too. Switching them off required an action by the driver, the witness stated, clarifying further that since 2015, this was prescribed by EU law.
Moreover, Porsche wanted to make sure that the car would revert to its original settings at the end of the drive, leaving it up to any successive driver to readjust the settings.
Once the traction control was switched off, the vehicle would give three different alerts, consisting of warning lights and an acoustic signal, as feedbacks to the driver, the expert continued.
Some 70 sensors all over the vehicle transmit data which provided information of the state of the car exactly at the moment of impact, the witness explained. This information also indicated that the reading of the tyre pressure was somewhat lower according to the last reading recorded.
Under cross-examination by Giannella DeMarco, the witness explained that the information collected was handed over in pdf form to Martin Bajada, the local court-appointed expert who had first contacted the Porsche representatives via the Maltese importer for assistance in the investigation.
Mr Gruenter said that this protocol file was in readable form, neither damaged nor encrypted, as allegedly stated by another court expert appointed in the course of the magisterial inquiry.
“Did you keep a record of the work done in Malta?” Dr DeMarco asked. “Does the Porsche 918S have a ‘little black box’?”
“No, the vehicle does not have a data recorder,” answered the witness, explaining that he had kept no written record of his work. The gathered data was in the protocol which had been handed over to Dr Bajada, the witness insisted.
Asked to clarify the nature of the protocol, Mr Gruenter explained that the data was presented in coded form with an explanation in English next to each code.
“Is it possible to determine the time when the traction and general controls were switched off?” Stefano Filletti asked. The witness answered “no”.
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The second witness, technology engineer Steffen Reinert, who was the team leader during the Malta visit, explained that the team had consisted of three Porsche engineers, a Porsche lawyer who provided worldwide counsel to the company and two employees from Dynamics Company, outsourced by Porsche.
Under cross-examination by Dr DeMarco, Mr Reinert explained that Jeff Gates was an American lawyer specialised in products liability who accompanied the team when inspecting Mr Bailey’s vehicle, first at the Police storage depot and later at a local dealer’s garage which could provide better facilities.
“Did the team declare that they had a vested interest in the outcome of this investigation?” Dr DeMarco pressed.
“Not as far as I know,” came the reply.
Further questions led to the revelation that upon his arrival in Malta, the witness had made his way to a law firm’s office in Valletta ‘as instructed by Dr Bajada’, to meet the Porsche lawyers in Malta.
Mr Reinert insisted that he had given no technical advice to the local court experts but had simply instructed them on how the damaged vehicle was to be transferred onto a lifter for further inspection.
The sitting resumed at 4pm with the testimony of the third Porsche representative.
Magistrate Aaron Bugeja is presiding over the compilation.
Police inspectors Josric Mifsud, Silvio Magro and Hubert Cini are prosecuting.
Dr DeMarco and Stephen Tonna Lowell are counsel to Paul Bailey.
Appearing for difference of the organising core committee are lawyer Joe Giglio, Dr Filletti, Arthur Azzopardi, Michael Sciriha, Raphael Fenech Adami and Albert Zerafa.
Franco Debono, Amadeus Cachia, Roberto Montalto, Michael Grech, Shazoo Ghaznavi, Alessia Zammit Mackeon and Reuben Farrugia are among the lawyers appearing parte civile for the victims.
Jason Azzopardi was assisting the Porsche witnesses in Germany during Tuesday's video call.