The parents of a young pharmacist, killed when hit by a fast-driven sports car along the Gżira seafront almost five years ago, were awarded €162,000 in damages in a civil action against the driver and his car insurance company. 

Stephanie Rapa, 30, had been crossing the busy thoroughfare when she was hit by a white GTR Nissan driven by 46-year-old Anthony Chircop, on October 19, 2017 at around 7.45pm.

The dynamics of the incident were clearly captured from different angles by CCTV footage in the area and were later also confirmed by eyewitnesses who recalled how they saw “a lady going up in the air” between two palm trees on the central strip and then “hitting her head on the ground”.

The driver was prosecuted for involuntary murder, pleading not guilty to having caused the woman’s death through his dangerous and reckless driving. 

Yet, while the criminal case was still ongoing, the victim’s parents filed an action for damages. 

Footage of the fatal collision, as well as the driver’s statements, eyewitness accounts, police testimonies and court expert reports were produced in evidence before the First Hall, Civil Court. 

When delivering judgment on Tuesday, Madam Justice Joanne Vella Cuschieri observed that Chircop had recounted how he had slowed down to give way to a car which exited a side road close to an optician’s store along that stretch of road.

Then as he reached the tree-lined central strip, heading towards Sliema, “something appeared” on the right-hand side and he suddenly heard “boom”.

He got out of the car and saw a woman lying on the road near the car.

He immediately dialled the emergency number, Chircop claimed, recalling how it all happened in a split second. 

Upon impact, the victim’s body was catapulted upwards

The man insisted that he had been driving at 50km per hour and denied that he had done a U-turn shortly before impact. 

He could not explain the 40-metre long tyre marks, saying that they had possibly not been done by his car. 

However, a traffic expert testified that the GTR model, which the driver claimed to have bought from the UK for €90,000, was being driven at around 100km per hour when the accident took place.

Upon impact, the victim’s body was catapulted upwards, traces of her hair on the smashed windscreen and signs on the car roof, indicating the dynamics of the incident.

The victim landed behind the car which had moved forward after impact.

GTR is ninth-fastest in the world

As for the tyre marks, the expert explained that those were not brake marks but “burnt-out marks” caused by the revving wheels of the sports car before the driver sprinted out on first gear. 

The GTR, known as the “Godzilla”, was the ninth-fastest car in the world, explained the expert.

However, evidence also showed that there was a degree of negligence by the victim herself.

Footage showed her running quickly across the first lane, getting to the central strip and then without stopping, running out onto the second lane, just as Chircop’s car entered the scene at high speed.

The pedestrian was flung upwards so high that she momentarily moved out of the picture, noted the court. 

The damage to the car and the tyre marks also indicated that the driver was going at high speed.

When accelerating, he failed to keep a proper lookout.

Had he done so, he would have spotted the woman crossing the first lane and would have slowed down to avert the collision, observed the judge. 

Court attributes half the responsibility to victim

However, since the victim herself had contributed to the accident by not using the zebra crossing and trying to run across the “10-metre wide road” at one go, the court attributed half of the responsibility for the fatality to the victim. 

Other witnesses, including relatives and medical professionals, testified that the victim’s parents were devastated by her loss.

They lost “all purpose in life” when their only daughter whom they were so proud of, was killed at such a young age. 

She had worked as a pharmacist for six years and, just before tragedy struck, had enrolled to study medicine. 

Her tragic death brought about psychological consequences upon her parents, the court heard.

In light of all considerations, the court upheld the parent's claim as heirs but turned down their claim for personal and moral damages.

The court awarded the applicants €161,972.20 after taking note of various factors including their financial losses, their daughter’s income and work-life expectancy. 

Lawyers Joe Giglio, Sarah Mifsud and Christine Calleja represented the plaintiffs.