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It Was Self Defence: Appeals Court Acquits Racially Abused Driver Who Broke Other Driver’s Jaw

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An appeals court has confirmed the acquittal of Shane Kayde Rowe, a driver who broke another driver’s jaw during a confrontation at a petrol station.

The court determined that Rowe had acted in self-defense after being subjected to racial abuse by the other driver.

The incident took place on August 3, 2020, when Rowe stopped at the Skyparks service station at Malta International Airport on his way to work.

After honking his horn at a driver who was blocking access to the fuel pumps, the situation quickly escalated. The other driver, identified as Mario Spiteri, got out of his car and began forcefully tapping on Rowe’s car window.

Spiteri proceeded to hurl racial slurs at Rowe, making derogatory comments due to Rowe’s race.

Undeterred, Rowe demanded that Spiteri refrain from touching his car and step aside. However, Spiteri struck Rowe on the shoulder with his fingers, prompting Rowe to react by delivering a punch to Spiteri’s face.

Dental specialists later confirmed that Spiteri had sustained a fractured jaw as a result of the altercation.

Despite undergoing multiple surgical procedures, Spiteri continued to experience persistent discomfort and numbness in his lower lip, causing pain while eating. Furthermore, he suffered a 1.5% permanent debility due to the loss of a pre-molar tooth.

In the initial trial presided over by Magistrate Donatella Frendo Dimech, it was determined that Rowe had acted in self-defense.

The court concluded that Rowe felt endangered when Spiteri’s verbal abuse escalated to physical contact. The court also deemed Rowe’s response to be proportional given the circumstances, as he perceived a genuine threat when confronted by Spiteri’s aggressive behavior following a simple horn beep.

However, the Attorney General disputed this conclusion, arguing that Rowe’s actions were premeditated rather than spontaneous. The Attorney General filed an appeal, contending that Rowe had persistently sought confrontation with Spiteri leading up to the altercation.

The appeal raised the claim that Rowe initiated the confrontation by exiting his car to confront Spiteri after the latter tapped violently on his car window. The Attorney General argued that Rowe took the law into his own hands.

During the appeal process, the Court of Criminal Appeal, headed by Madam Justice Consuelo Scerri Herrera, analysed the conflicting testimonies of both Rowe and Spiteri. They emphasised the significance of circumstantial evidence, particularly CCTV footage, which supported and corroborated the testimonies provided.

After careful examination of the evidence, the court concluded that the findings of the initial trial were sound and satisfactory. Citing legal precedents related to legitimate self-defence, the judge affirmed that Spiteri’s reaction to Rowe’s horn beep was unjust.

The manner in which Spiteri aggressively knocked on Rowe’s window and unnecessarily poked him caused the accused to fear danger and his fear showed because even when the other man was on the floor, Rowe still defended himself.

The alleged victim was going back and forth from the accused’s car to his own and that “strengthened the feeling of the accused that he was in a dangerous situation”.

Due to this evidence, the court rejected the AG’s appeal and confirmed the acquittal. Lawyer Joe Giglio was the defence counsel.

Photo Credit: Berthold Werner

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Mario enjoys reading, cooking, the art of film and travelling. A man of this world, he believes that the earth needs more equitable distribution of assets and resources - and way more seafood platters. Contact him via email at [email protected]

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