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The mother of Johanna Boni, who died in a tragic accident in 2016, expressed her restored faith in justice after the truck driver involved was convicted on appeal.
A judge overturned the acquittal of Carmel Cauchi, then 53, who was driving a heavily loaded left-hand drive truck, declaring him responsible for the accident that claimed Boni’s life on January 5, 2016, in Labour Avenue, Naxxar.
Madam Justice Edwina Grima ruled that the evidence contradicted the first court’s conclusion.
Cauchi was found guilty of criminal negligence in causing Boni’s death and failing to keep a proper lookout. He received a six-month suspended jail term, was disqualified from obtaining a driving license for three months, and was ordered to pay just over €2,100, representing half the court expenses.
Boni’s parents, Josephine and Pippo, welcomed the judgment, saying justice had prevailed.
“Justice prevailed! For once, I can say I'm proud to be Maltese! I had lost faith in the Maltese justice system, but I was proved wrong!,” Josephine told the Times of Malta.
She added that the appeals court reviewed the evidence and correctly concluded that her daughter, who was a careful driver, was not at fault in the accident.
“The driver was given 100 percent of the blame for Johanna's death, as it should have been from the start,” she added.
Josephine expressed relief that the truth had come to light, noting that it was unjust that blame had initially been shifted onto her daughter, who could not defend herself. The family sought only the truth, which was ultimately revealed.
The first court, presided over by Magistrate Nadine Lia, had previously ruled that the fatal impact was due to a miscalculated maneuver by the motorcyclist while overtaking the truck.
However, the appeals court determined that the first court's conclusion was unsupported by the evidence presented.
“Based on the evidence produced, the court believes that contrary to what was stated by the first court, [Cauchi] did not maintain the attention required by every driver, especially since he was driving a left-hand drive truck and therefore needed to maintain a higher level of attention and diligence,” Madam Justice Grima ruled.
The court ruled that the accident could have been avoided or its consequences mitigated if Cauchi had used his side mirror instead of focusing solely on the road ahead.
An eyewitness recalled seeing the truck moving slowly in the opposite direction, with a motorcycle stuck to its front. The witness, also an architect, did not think the truck driver realized he had run over the bike and rider.
The victim’s body ended up 28 meters from where the truck stopped after dragging the motorcycle along. Scratch marks on the road surface were caused by the dragged bike.
Madam Justice Grima concluded that Cauchi was responsible for the fatal accident. Despite contributory negligence on the part of the victim, the driver should have maintained a proper lookout.
Lawyers Michael Scriha, Herman Mula, Roberto Spiteri, and Michele Cardinali represented the victim's family. Lawyers Arthur Azzopardi, Jacob Magri, and Alessia Zammit McKeon were the defense counsel.
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