A young driver involved in a traffic accident that cost the life of a father-of-two was spared an effective jail term on account of the victim’s own negligence which had contributed to the fatality. 

Jonathan Hili, 26, was driving his Toyota Passo along Triq il-Marfa, Għadira, early one July morning in 2016, heading out on a trip to Ta’ Pinu, Gozo with a friend who was on the passenger seat. 

Driving in the early morning hours, Hili had run over the 40-year pedestrian who happened to be walking beyond the white line, whilst accompanying his 10-year old daughter who needed to go to the toilet. 

The family had been on a camping trip when the tragic incident took place. 

The girl later recalled how one minute she had been holding on to her father’s hand and the next thing she knew was that a white car flashed past, and her father was gone. 

The girl then spotted her father lying further ahead on the road, blood seeping from his head wound. 

The victim died on site. 

The Toyota came to a halt a short distance away, resulting in another minor collision with a Subaru vehicle that crashed into the stationary vehicle. 

The driver of the Toyota was prosecuted for causing the death of the pedestrian through his reckless and dangerous driving. When testifying in court the accused explained how he had been driving for three years when the accident occurred. 

He said that there had been no time to hit the brakes since he hardly realized what had happened when the victim landed on his windscreen. 

The pedestrian had been hidden from sight by the dense foliage that obstructed the pavement, prompting the victim to step down, back to the oncoming traffic, right in the path of danger. 

When delivering judgment, the court, presided over by magistrate Astrid May Grima, observed that in fact, shortly after the traffic fatality, that overgrown vegetation had been trimmed and traffic lights installed. 

A court-appointed expert also confirmed that the victim and his daughter had been walking in a danger zone and ought to have crossed to the other side of the road.

On the basis of all evidence put forward, the court concluded that the criminal charges against the accused had been sufficiently proved. 

The accident had occurred around 6.30am when the street lights had been switched off.

Given such light conditions, the driver ought to have paid greater attention and alertness, the court said. 

Had he kept a proper lookout, the tragic consequences of the impact might have been avoided. 

However, given that the victim’s own negligence had contributed to the fatality, the court concluded that the case did not merit an effective jail term, further noting that the accused was also paying for his wrongdoing psychologically.

The court thus condemned him to a one-year jail term suspended for three years and a 6-month driving ban. The accused was also ordered to pay €2,956 in court expert expenses. 

Inspector Godwin Scerri prosecuted.

Lawyers Franco Debono and Jason Azzopardi were defence counsel.