The driver of an Arriva bus that crashed into Portes des Bombes on a rainy October afternoon, injuring some 23 passengers, was cleared of all criminal liability almost 10 years after the incident.

When delivering judgment, the court observed that Joseph Mario Cuschieri, from Qormi, had been driving carefully and was neither negligent at the wheel nor responsible for the maintenance of the vehicle.

The incident occurred at around 3.15pm on October 24, 2012 just as the Żebbuġ-bound bus approached the historic structure at St Anne Street, Floriana.

That was when the vehicle skid on the wet road surface, hitting the side of the stone arch, while slamming its passengers and causing them various injuries, some of which were grievous.

Following the incident, the driver faced criminal charges, pleading not guilty to negligent driving, grievous injuries to 10 passengers and slight injuries to 13, while also damaging the Bombi gateway. 

The case was re-assigned to Magistrate Simone Grech in 2018 and witnesses were heard afresh.

Among those were various passengers who recalled how the bus driver had lost control, with most of them confirming that he had been driving carefully.

One passenger explained that the driver had temporarily lost control of the vehicle seconds earlier when going past the Floriana lion monument.

He kept driving on until the bus skid out of control again and crashed into the archway.

A court-appointed expert confirmed that account, reporting that there were clear brake marks on the road in an attempt to avoid the crash.

CCTV footage also showed that he had been driving slowly.

However, the wheels on the bus were in a bad condition, with the metal rims jutting out through the tyre walls.

In such a condition, those wheels should never have been used, explained the expert, pointing out further that the smooth quality of the tyres on the wet surface of the road increased the risk of skidding.

To make matters worse, some fuel appeared to have been spilled on the road that day, making road conditions even more slippery.

Another expert did not attribute the accident to some technical fault but observed that the tyres lacked the necessary grip. 

Upon impact, two of the passengers lost consciousness, one of them suffering a concussion.

Others recalled how they were slammed inside the bus, suffering various injuries, while one woman said that she needed sutures and surgery after being showered with shattered glass. 

After carefully analysing the evidence, Magistrate Simone Grech concluded that the accused had indeed been driving slowly and had taken all necessary precautions but could do nothing to avoid “the unfortunate incident”.

Indeed, the angle of the collision indicated that he had manoeuvred the bus to avert a head-on crash. 

As for the condition of the vehicle, the court observed that the accused was just a driver, assigned a bus to drive on a particular route. 

The vehicle was not his property and he was certainly not responsible for its maintenance.

That matter was in the hands of the Arriva bus company which, in terms of a concession agreement signed with Transport Malta, was bound to carry out ordinary and extraordinary repairs on its fleet. 

The court also noted that just two months before the accident, the tyres had been checked and one of them was replaced in September.

The brakes were also checked and the vehicle had made it through the VRT test in May that year, as attested by a safety inspection report. 

When all was considered, the court found no criminal wrongdoing by the accused and pronounced an acquittal.

Lawyers Stephanie Abela and Vince Micallef were defence counsel.