A model powerboat enthusiast whose remote-controlled vessel injured another man when it smashed into his bottom 13 years ago at Mistra Bay has been cleared of responsibility. 

The incident dated back to June 2008, when Martin Costa and Jonathan Bugeja together with three other members from their racing club were manoeuvring their powerboats from the shore at the bay.

Trouble brewed when Costa’s boat developed a fault, prompting him to wade into the sea to retrieve the model boat. 

But when he was some 15 metres from the shore, Costa was hit on his behind by Bugeja’s own model boat, a one-metre long fibreglass model.

Hurt and angry, Costa smashed the boat with his fist, grabbed it and flung it ashore. 

As he stormed out of the water and angrily approached Bugeja, an argument broke out between the two men, who came to blows and ended up in a tussle on the ground. 

A fellow enthusiast stepped in to break up the fight. 

Costa later claimed that Bugeja had flung pebbles at him as he emerged from the water. 

Bugeja picked up his damaged model and left the scene. Costa needed surgery for the injury suffered when hit by the model racing boat, that could clock up a maximum speed of 56 km/hour.

An eyewitness said that he had seen Bugeja trying to stop his boat from colliding with Costa. But Costa insisted that Bugeja had purposely directed his model straight in his direction, to spray him with water teasingly. 

Bugeja, on the other hand, rebutted that his model had somehow failed to respond to his commands and had veered out of control while he called out to Costa to alert him. 

The incident landed both parties with separate criminal charges after the matter was flagged to police by Mater Dei Hospital staff. 

In 2010, Bugeja was held criminally responsible for the grievous injuries suffered by Costa when the two came to blows, but the offence was deemed excusable on account of the alleged victim’s provocation. 

In 2012, Costa was cleared of voluntary damage to Bugeja’s model boat. 

Costa then filed a civil suit against Bugeja for damages suffered as a result of that seaside incident. When delivering judgment the First Hall, Civil Court, presided over by Mr Justice Joseph R. Micallef, observed that as generally happened in such cases, the versions supplied by the parties and eyewitnesses were tinged by “a strong dose” of subjectivity. 

Bugeja had rebutted Costa’s claims, arguing that Costa had not followed club rules which stated that when a boat broke down or went out of control, it was to be fetched by using a dinghy. 

Secondly, Costa had injured himself and dislocated his elbow when he struck at Bugeja’s model in angry retaliation upon being hit in the water. And what followed after stemmed from the fact that he had flung the model and damaged it, argued Bugeja. 

In light of evidence put forward, the court held that all elements of contributory negligence existed in this case.

Costa had gone into the sea to fetch his boat, ignoring a friend’s offer to proceed on his dinghy. 

He went into the water quickly without forewarning although well aware of the risk he was exposing him to, observed Mr Justice Micallef, pointing out further that Costa was not just any chance swimmer but knew very well about the power of such racing models as his own. 

As for the injuries suffered, although initially quantified as causing an 8% permanent debility were later revised to no more than 2%.

A medical expert confirmed that Costa had healed completely and had suffered no lasting effect on his health as a result of that incident over 13 years ago. 

In light of such considerations, the court turned down the applicant’s claims, deeming the respondent not responsible for the incident.

Lawyer Carlos Bugeja assisted the respondent.