An unlicensed driver transported a 10-tonne crane counterweight secured by a single worn strap, which fell onto an oncoming car, causing permanent and life-threatening injuries to the victim.
Court of Magistrates (Malta) as a Court of Criminal Judicature · Magistrate Dr. Jean Paul Grech B.A., LL.D, M.Juris (Int. Law), Adv. Trib. Eccl. Melit · 8 May 2026
On 8 February 2024, Melbin Devassy, an Indian national employed by Schembri Construction Limited, was driving an Iveco platform truck (KCA 286) along Aviation Road in Luqa, Malta, transporting crane counterweights including one weighing 10 tonnes. As he took a bend at excessive speed, a single ratchet strap — already in poor condition — snapped, sending the massive counterweight sliding across the road and into the oncoming lane, where it struck a Kia Sportage driven by Daniel Bonnici head-on. Bonnici was trapped in his crushed vehicle for approximately two hours while Civil Protection officers worked to free him. He was rushed to Mater Dei Hospital in a life-threatening condition, underwent immediate surgery including a hemicolectomy (partial bowel removal), was fitted with a stoma bag for six months, and later required further reconstructive surgery. He also suffered fractures to his wrist and toes, extensive abdominal scarring, a permanent hernia that cannot be reliably corrected, and developed post-traumatic stress disorder. Forensic expert Dr. Mario Scerri confirmed the injuries amount to permanent bodily disfigurement and disability within the meaning of Article 218 of the Criminal Code. The court found that Devassy bore significant contributory responsibility for the accident. He had entered the bend at an inappropriately high speed given the size and weight of his cargo, and the tyre marks of his truck were found straddling the centre line and even in the oncoming lane, showing he had lost control. Technical expert Dr. Mario Buttigieg concluded the counterweight flew off at a tangent due to the excessive speed, while engineering expert Jean Paul Azzopardi confirmed the strap was badly degraded with multiple tears and wholly inadequate. Although the loading was performed by others, the court held Devassy had a duty to satisfy himself the load was properly secured before driving off. Devassy had no valid Maltese driving licence for commercial vehicles — his Indian licence and international driving permit did not authorise him to drive Category C commercial trucks in Malta without a Certificate of Professional Competence (CPC), which he only obtained after the accident. The truck's road licence had expired in November 2023 and had not been renewed. Furthermore, because he lacked a valid driving licence, the existing insurance policy on the truck did not cover him, rendering him uninsured. The court found him guilty on all five charges and sentenced him to a two-year suspended prison term, disqualified him from holding a driving licence for two years, and ordered payment of €5,500.82 in expert costs.
Melbin Devassy found guilty on all five charges: (1) involuntary grievous bodily harm (Art. 328(b), Ch. 9); (2) driving without insurance (Art. 3(1), Ch. 104); (3) driving without a driving licence (Art. 15(1)(a), Ch. 65); (4) driving an unlicensed vehicle (Art. 15(1)(a), Ch. 65); (5) dangerous and reckless driving (Art. 15(1)(a), Ch. 65). Sentenced to 2 years imprisonment suspended for 4 years under Art. 28A, Ch. 9. Driving licence disqualification for 2 years from midnight following sentencing. Ordered to pay €5,500.82 in expert/peritial costs within one year.
Criminal Code Ch. 9 — Arts. 218, 328(b), 28A (involuntary grievous bodily harm, suspended sentence); Motor Vehicles (Third Party Insurance) Act Ch. 104 — Art. 3(1) (driving without insurance); Traffic Regulation Ordinance Ch. 65 — Art. 15(1)(a) (driving without licence, unlicensed vehicle, dangerous driving); Subsidiary Legislation 65.18, Reg. 5 (CPC requirement for non-EU licence holders driving commercial vehicles)