A young driver and an older driver got into a road rage confrontation in Marsa. The older man suffered grievous injuries but the court acquitted the young driver because the doctor who certified the injuries never testified, and it was unclear who started the physical altercation.
Court of Magistrates (Malta) — Criminal · Magistrate Dr. Monica Vella LL.D., M.Jur. · 11 November 2020
On 10 June 2019 in Marsa, Ryan Caruana was driving behind Silvano Vassallo's van. He was repeatedly sounding his horn because he felt Vassallo was driving too slowly on the overtaking lane. Vassallo stopped and got out of his car. Caruana also got out and the two argued, then came to blows. Vassallo ended up with injuries certified as grievous. Caruana had minor injuries. The prosecution's key problem was that the doctor who issued the grievous injury certificate for Vassallo never testified. The medical certificate was produced as a document but was never confirmed under oath by the doctor who wrote it. Vassallo himself gave only a vague account of how he was injured — simply saying Caruana 'hit him in the eye' — without explaining the mechanics of the assault. Additionally, Vassallo himself admitted he had stopped his van and got out to confront Caruana, suggesting he was the one who escalated the situation. His wife also confirmed getting out of the car and being involved in the confrontation. The court found that the prosecution had not proven beyond reasonable doubt who was the aggressor. Both parties ultimately told the court they had forgiven each other, though the charges were ex officio and couldn't be withdrawn on that basis alone.
Acquitted of all charges — grievous bodily harm (Art. 216) not proven beyond reasonable doubt as the certifying doctor did not testify; breach of peace (Art. 338(dd)) not proven as it was unclear who initiated the confrontation.
Criminal Code Ch. 9 Arts. 214, 216(1) (bodily harm), 338(dd) (breach of peace) — all charges dismissed for insufficient evidence