A man charged with the involuntary homicide of Giuseppe Gatt, after his yacht crashed into the victim’s boat back in 2010, has been cleared of all charges.

57-year-old John Zarb from Naxxar was accused of causing the death of Giuseppe Gatt through recklessly sailing a motor-yacht, and the case saw the magisterial inquiry which led to the court proceedings come under fire.

Prosecuting inspector Pierre Micallef Grimaud, during his testimony, said that he was informed of an incident that occurred off of Tigne point on July 12 2010. The incident involved a yacht called ‘Sorcery’, driven by the accused with his wife also on board, and a small fishing boat with Giuseppe Gatt on board. Mr Gatt was rushed to hospital after the incident, however passed away. A Magisterial inquiry was then opened.

The Sorcery is 16m long and 4.66m wide.

The magisterial inquiry concluded that Mr Zarb was partially to blame for the incident, however Magistrate Neville Camilleri, presiding over the case, criticised the inquiry for  apportioning blame for the accident. He noted that the duty of the inquiring magistrate was to decide whether there was enough evidence for the accused to be subject to criminal proceedings.

The case saw conflicting evidence delivered by experts appointed by those who testified. The court noted that the following needs to be considered: whether at the time of the incident the defendant was at the helm of the motor yacht, whether the fishing boat was moving or not, whether the accused has a proper lookout and who had the right of way.

A number of experts and testimonies indicated that the victim approached from an angle with the sun at his back, thus making it very hard for the accused to see the boat.

The court seemed to stay on the conclusions of two experts, who noted that the victims boat was indeed moving, rather than others who indicated that the boat was stationary. The same two experts also noted that the accused was at the helm. Dr. George Said, one of the two aforementioned experts, said it was mysterious how the victim did not take evasive action when he could have seen the yacht heading towards him.

Another court expert said the victim suffered from an age related macular degeneration and cataracts. The court heard that this could result in the person not being able to properly calculate the distance of an object.

Inspector Stephen Saliba gave his testimony and said that the accused told him that the yacht was near Tigne, around 600m out at sea. “He told me he felt a bump and stopped the yacht. He also told me he looked down to the sea and saw bits of a boat, as well as a person in the seal. He said that his wife dove in to help the victim”.

Lance Bombadier Kevin Abela was stationed at the Maritime squadron at the time of the incident, and it took them six minutes to reach the site of the incident. Upon arrival, they spotted three persons out at sea. One was being held by the other two in order not to drown.

The court heard from witnesses that the fishing boat was found around 30-35m below sea level, and was face up. It was brought back up using lifting bags.

The Magistrate who presided over the case mentioned the accused’s testimony, where he said that the fishing boat came from the sun’s direction, thus meaning that the fishing boat was heading directly towards the yacht with the sun behind the smaller vessel. “The disadvantage I had, with the sun in my eyes is an advantage for the other boat, seeing the yacht lit up in the sunlight”. 

The Magistrate said that investigations resulted in the fishing boat not being in plain view of the yacht, but that the yacht was in plain view of the victim’s boat.

The court applauded the accused and his wife for risking their lives in order to provide the necessary help for the victim.

Lawyers Joe Giglio, Ann Fenech and Joseph J. Vella appeared for the accused.