Police vs Cuschieri — Driving Without a Valid Licence

Appeal against conviction for driving without a licence dismissed — sentence confirmed with licence disqualification running from date of appeal judgment

Qorti tal-Appell Kriminali · Hon. Justice Natasha Galea Sciberras B.A., LL.D. · 8 April 2026

William Cuschieri was stopped by police in Birkirkara on 21 February 2022 and found to be driving without a valid licence (expired since October 2018, renewed only in March 2022 — one month after being stopped). The Magistrates Court convicted him and fined him €300 with an 8-day licence disqualification. He appealed on two grounds: (1) that the prosecution's affidavit evidence was inadmissible because sworn before the prosecuting inspector, and (2) that the evidence was contradictory. Both grounds were dismissed. The Court of Criminal Appeal confirmed the conviction but clarified that the disqualification period begins from midnight on the date of the appeal judgment.

The Court of Criminal Appeal dismissed both grounds of appeal. On the first ground (affidavit admissibility): the court held that a police prosecuting officer who administers an oath to a witness-affiant does not have a 'vested interest' in the outcome within the meaning of the law — the prosecutor acts in the public interest, not a personal one. Ideally such affidavits should not be sworn before the prosecuting officer, but this does not make them inadmissible. On the second ground (contradictory evidence): the court found no material contradiction — both the police officer's affidavit (calling the licence 'revoked') and the Transport Authority affidavit (calling it 'expired') established the same critical fact: the licence was not valid on the date of the offence. The appellant's own statements made without being informed of his rights were correctly excluded, but the Transport Malta evidence alone was sufficient for conviction.

• A driving licence that has expired but not been renewed is treated the same as one revoked for purposes of the Ch. 65 offence of driving without a valid licence
• A prosecution officer who administers an oath to a witness does not have a disqualifying 'interest' in the proceedings — the role of public prosecutor is distinct from that of a private advocate
• Under Art. 360A of the Criminal Code, affidavits from public officials and regulated body employees can be used as evidence without calling the witness viva voce, unless the accused requests cross-examination within 15 days
• Statements made by a suspect without being informed of the right to silence and legal assistance are inadmissible if the offence carries imprisonment — but other evidence in the case can still support a conviction
• The disqualification period for a driving licence runs from midnight on the date the appeal judgment is delivered, not from the original Magistrates Court judgment
• The Court of Criminal Appeal does not disturb findings of fact by the first court unless the first court could not reasonably and legally have reached the conclusion it did