A 78-year-old man who killed his wife while he was reversing his van in Buskett six years ago was spared jail and fined €2,000 after being found guilty of negligent driving.

In passing sentence, the magistrate took into consideration his age and frail health and the unfortunate circumstances surrounding the case.

The man, whose name cannot be published by court order, was banned from driving for three months.

The accident occurred at 4.45pm on August 4, 2017 in Triq l-Imnarja, Dingli. The accused asked his wife to assist him as he reversed his Toyota van out of a parking space and onto a main road.

The woman was directing her husband when she was hit, the court heard. She was rushed to hospital but died of her injuries a few hours later.

Police superintendent Robert Vella told the court that, according to a police reconstruction, the woman was standing behind the van when it reversed onto her. There were no witnesses, so the police only had the version of the accused to go by.

According to the accused, his wife was helping him reverse but he suddenly heard a noise and could not see her in the side mirrors. His van’s tailgate was covering the view from the rear-view mirror.

When he got out of his van, he saw his wife lying on the ground. 

According to court-appointed traffic experts, the woman’s old age may have contributed to the accident as she did not manage to avoid her husband’s vehicle.

They concluded that the man should have been more careful, especially when he knew that the road he was reversing onto was being used as a main thoroughfare due to road closures.

Magistrate Monica Vella said that, although the woman could have contributed to the accident, the accused should have been much more careful when reversing his vehicle.

However, she disagreed with the experts’ conclusion that the vehicle was not being driven at excessive speed. The woman, she said, did not have enough time to avoid her husband’s vehicle, with tragic consequences.

Taking all these contributory elements into consideration, including the man’s advanced age when the accident occurred, the magistrate found him guilty of negligent driving.

She chose not to impose an effective jail term and, instead, fined him €2,000. She also banned him from driving for three months.

Police superintendent Robert Vella prosecuted while lawyers Silvio Brincat, Franco Debono and Mario Camilleri appeared for the man.