Spagnol Acquitted as Both Prosecution Pillars Fail

The Court of Appeal cleared Cabinet Secretary Ryan Spagnol of all drink-driving charges after rejecting both the breathalyser evidence and the

national court of appeal ryan spagnol drink driving breathalyser
Spagnol Acquitted as Both Prosecution Pillars Fail Sliema News national

Image source: The Malta Independent

The Court of Appeal has cleared Cabinet Secretary Ryan Spagnol of all drink-driving charges, overturning a May 2024 conviction that fined him €1,800 and imposed a six-month driving ban. Judge Natasha Galea Sciberras delivered the judgment. Inspector Rachel Aquilina prosecuted.

Police stopped Spagnol on 22 December 2023 during a routine check along Triq tal-Barrani in Żejtun, where a 1:49 am breathalyser test indicated he was twice over the legal limit.

The device's automated receipt carried incorrect timestamps, which a police sergeant corrected by hand in ballpoint pen. The defence argued the discrepancy showed the machine was not properly calibrated, and Judge Galea Sciberras agreed — finding the first court "could not legally and reasonably rely on those results" to find guilt.

The prosecution also relied on an officer's direct observations: Spagnol had shown reddened eyes and behaviour suggesting he was unfit to drive. Spagnol countered that exhaustion after a long workday and a bout of flu explained his appearance, producing chat logs with his mother and his brother — a pharmacist — discussing medication he was taking. He also testified that when he asked officers whether his driving had been erratic, they told him: "No, no, friend... we test randomly."

Judge Galea Sciberras found no evidence of reckless or dangerous driving and ruled that reddened eyes and suspicious behaviour fell short of proving intoxication beyond reasonable doubt, rejecting both the breathalyser evidence and the observational case.

Spagnol had already been acquitted of a separate public drunkenness charge before the appeal, leaving the drink-driving counts as the sole remaining matter.

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