A motorist has been condemned to six months imprisonment, disqualified from holding a driving licence for five years and ordered to pay €2000 in court costs for having run over and killed an elderly man who was crossing the road at Msida.

The case happened at 6pm on August 21, 2016 when the accused, Joseph Piscopo 36, was driving a BMW.

The victim was Salvatore Attard, 79.

In his defence, Mr Piscopo said the victim had been negligent in the way he crossed the road and he could not take avoiding action before the accident took place.

In its considerations, the court observed that the elderly man was three quarters across the road when he was hit. The road was dry at the time, and there were no brake marks. 

Such was the force of impact that the BMW suffered damage to its front, bonnet, windscreen and roof. The victim had then thrown 18.3 metres away.

Mr Attard did not cross on a nearby pedestrian crossing, although driver visibility was still good.

The court said that motorists had a duty to be especially careful when approaching traffic lights or a pedestrian crossing. Keeping a proper lookout meant more than looking straight ahead – it included awareness of what was happening in one’s immediate vicinity. A motorist should have a view of the whole road from side to side and, in the case of a road passing through a built-up area, of the pavements on the side of the road as well.

Mr Attard failed to observe his duties as a  pedestrian in that he should have crossed the road on the pedestrian crossing when the light turned green for crossing. But this did not mean that he was responsible for what had happened, the court said.

Mr Attard had almost crossed the road when he was hit, and the motorist had been overspeeding, the court observed. The motorist could have foreseen what was going to take place, but the absence of brake marks showed his failure to do so. 

It was amply clear, the court said, that the accident was caused by the motorist's negligence and not by the fact that the victim had not crossed the road from the pedestrian crossing or that the lights were red for pedestrians.

In considering punishment, the court observed that the motorist was an adult, experienced driver, and he already had another conviction for dangerous driving, albeit without the tragic consequences as had happened in this case.

The court, however, said it was also mindful of the victim's own negligence.

Magistrate Doreen Clarke therefore condemned the accused to six months imprisonment and disqualified him from holding a driving licence for five years. 

Lawyers Joseph Giglio and Sarah Mifsud were counsel for the victim's family.

The area where the accident took place.