Two drivers who were initially cleared of causing the death of a pedestrian eight years ago have been found guilty of negligent driving on appeal.

The incident took place on a dark, rainy morning in January 2014 on Ħal Farruġ Road, Luqa, at a time when people normally passed through that winding and bumpy stretch of road while heading to work.

At the time of the incident, there was no street lighting and no pavement along one side of the road. 

At around 6:44am that day, Warren Cassar was driving his Opel Corsa when he suddenly noticed “a shadow that crossed from the right to the left” side of the road.

He tried to avoid the pedestrian but failed, hitting the man with the right side of his car.

The victim dropped to the ground, motionless. 

Cassar switched on his hazard lights while traffic piled up around the accident spot.

Suddenly, a Ford Escort heading in the opposite direction attempted to overtake a line of stationary vehicles and ran over the victim in the middle of the road.

The driver of that car, James Micallef, got out, shouting angrily because others had not signaled the presence of the victim lying on the ground.

He later told police that although he sensed “running over something,” he never realised that it was a person.

In the commotion that ensued, third parties joined in to help release the victim from beneath the front wheel of his Ford Escort.

Micallef then drove off, heading on to work but Cassar managed to jot down his car number.

Eyewitnesses described how the pedestrian was flung into the air upon impact with the windscreen of the first vehicle.

When the second vehicle ran over the victim, people shouted “stop, stop. You’ve run over someone.”

Both drivers were subsequently charged with involuntary homicide and causing the victim’s death through carelessness or negligence, while Micallef was also separately charged with driving on after the accident. 

The Magistrates’ Court cleared both drivers of the first two charges, whilst fining Micallef €50 for failing to stop and give his details after being involved in a traffic accident. 

The Attorney General filed an appeal. 

The Court of Criminal Appeal, presided over by Madam Justice Consuelo Scerri Herrera, observed that a traffic expert had described the poor road conditions at the time.

It was raining heavily and almost pitch dark along that stretch of road where artificial lighting was lacking because of the area’s close proximity to the airport runway.

There was reduced visibility and lots of shadowing. 

A medical forensic expert testified that a sample of the victim’s blood later revealed a high level of alcohol as well as traces of cocaine and opiates which may have impaired judgment.

The victim died as a result of a blunt injury to the cranium.

Although he was scratched all over, he suffered no crush injuries nor friction marks. Forensic pathologists who conducted the autopsy confirmed that the victim died of skull injuries.

In light of all evidence the court concluded that both drivers had been negligent.

In such road and weather conditions, Cassar should not have been driving at 40km/hour especially knowing that many persons went through that road while heading to work.

Had he been driving at a lower speed and kept a proper lookout, he could have braked in time to avoid the accident as soon as he spotted the pedestrian step out from between two vehicles. 

The victim’s own contributory negligence did not exonerate Cassar from his own negligent driving and the accused was thus guilty of having caused the victim’s death. 

As for Micallef, he could not be held guilty of involuntary homicide since medical evidence showed that the victim died due to impact with Cassar’s vehicle.

Both drivers were found guilty of careless and negligent driving.

Cassar was thus condemned to a one-year jail term suspended for 2 years and ordered to shoulder court expert expenses. 

Micallef was ordered to pay a €300 fine.

Moreover, the court disqualified Cassar from holding a driving licence for three months, whilst suspending Micallef’s licence for one month. Inspector Jurgen Vella prosecuted. Lawyer Alessia Zammit McKeon was counsel to Cassar. Lawyer Arthur Azzopardi was counsel to Micallef.