Gżira council has been ordered to pay almost €27,000 as compensation to an Italian tourist who fractured a foot because of a pothole on the seafront.

The incident happened in August 2015 after the tourist, Simone Morabito, then 33, who was in Malta for a week's holiday, emerged from a restaurant opposite Manoel Island and stepped down the pavement onto the road.

The sentence was given by a magistrate's court and confirmed following an appeal filed by the council.

Both courts heard how the pavement was badly lit and the accident had cost the tourist his holiday, since he was in pain and could not walk for most of the days he spent here. He also incurred medical costs in Malta and Italy and suffered five per cent disability.

Then mayor Conrad Borg Manche had testified that the pothole was about 4cm deep and was actually a defect in the uneven tarmac. He said he usually inspected potholes reported to the council but in this case the council had not received reports about it.

The first court found the council guilty of having lacked prudence and diligence and it ordered the compensation to the tourist. The sentence was confirmed on appeal, with the court saying that the fact that the council took prompt action when potholes were reported to it did not exempt it from this case.

The council's responsibilities were not just about maintenance and repair, but also vigilance and control. It therefore had a duty to ensure that the pavement and the road were safe. 

The council was therefore ordered to pay €26,546 as compensation.