Fined Lm2,000 for manslaughter in traffic accident

A Hamrun driver was yesterday fined Lm2,000 for the manslaughter of his passenger in a traffic accident on the Regional Road on New Year's Day in 1997.

Brian Caruana, 27, was found guilty of involuntarily causing the death of Carmelo Borg, 44, of Hamrun, while driving a Ford Escort in St Julian's on January 1, 1997 between 6 and 7 a.m.

He was also found guilty of causing less than Lm5,000 damage to the Escort, which caught fire, to the detriment of Carmel Bonnici, and to a palm tree and electricity pole.

Caruana was also found guilty of driving recklessly and dangerously but not of relapsing.

Magistrate Abigail Lofaro heard how Superintendent Bayliss (then Inspector) had been informed that a man had been killed in a traffic accident near the tunnels on Regional Road on the side of the road leading to Msida at about 7.20 a.m.

He went on site to investigate and found that Caruana and Borg had left a discotheque in Paceville in the early hours of January 1 and were followed by another two friends in a car, Stephen Borg, the victim's son, and Mark Muscat.

Caruana had crashed into a palm tree and careered into an electricity pole. The car overturned and caught fire.

The court learnt how Caruana's insurance had compensated the victim's family and the owner of the car Caruana was driving and had paid for the damage.

Magistrate Lofaro also heard Stephen Borg explain how he had finished work at The Avenue in Paceville and had gone to pick up his father who worked at Havana at about 6 a.m. He met some other friends there and they decided to go to Qormi for pastizzi.

Borg said Mark Muscat was tired and did not feel like driving and he offered to drive his car. The four of them left and he was chatting to Muscat and did not see the accident happen but came upon the car on fire as they left the tunnels.

Borg said he could not believe that the car was the same one driven by Caruana and he stopped in the middle of the road to help. His father was already dead and he pulled him out of the car himself with the help of Muscat and another person.

Magistrate Lofaro noted that the court-appointed expert had concluded that the accident happened purely because the driver was speeding and was doing more than 70 miles an hour.

She ruled that although Borg seemed to have forgiven the defendant, because he had opted to correct his previous evidence in which he said the defendant had been driving at about 40 kilometres per hour and not 40 miles.

She said she understood and appreciated the fact that Borg had forgiven the defendant for his father's death and the court was not seeking what was commonly know as the "pound of flesh".

But justice had to be done and Borg had died as a result of the defendant's recklessness and excessive speed, Magistrate Lofaro ruled, in fining Caruana the maximum allowed by law.

Police Superintendent Martin Bayliss prosecuted.