A young driver who lost control of his vehicle and crashed into a bus, landing himself and his fellow passenger in intensive care, has been found guilty of causing the accident through negligence.

The crash occurred on November 23, 2015 when Owen Xuereb, then 21, was driving back from the McDonald’s outlet at Luqa airport where he and a fellow Mcast student had gone for a takeaway in between school assignments.

Heading down Paola hill at 2pm, Xuereb suddenly lost control of his Citroen Saxo as he maneuvered a bend, skidding and crashing head-on into a bus that was just about to pull away from a stage.

A police officer who rushed on site recalled that Xuereb was moaning in pain, while the other youth in the passenger seat was unconscious.

Members of the Civil Protection Department were called to assist in freeing the two youths from the wreckage.

Two bus passengers suffered slight injuries and the bus was out of order for 16 days, a company representative subsequently testified, stating that damages had amounted to €4,897.

Xuereb, who spent 57 days in intensive care, later explained how he had been heading down Paola hill at some 60km per hour when he lost control.

But he could not recall what happened nor explain why he had lost control of his vehicle.

His friend had no recollection of the incident. He said he had suffered head injuries which affected his memory and also his academic performance.

Moreover, as a result of the crash he ended up wheelchair-bound, relying on 24/7 help by a carer and daily therapy.

When delivering judgment, Magistrate Caroline Farrugia Frendo said that although the accused claimed to have been driving at 60km per hour, a court-appointed expert concluded that the speed must have been around 87km per hour when the Citroen was approaching the bend, thus causing the driver to lose control.

Another expert confirmed that the Citroen had no technical fault prior to the accident.

Circumstantial evidence in traffic cases often helped to shed light upon the dynamics of the incident, observed the court, adding that such evidence had to point to an unequivocal conclusion for the court to be morally convinced beyond all reasonable doubt as to the accused’s criminal responsibility.

In this case, the evidence showed that the accused had been driving at excessive speed, thus causing the accident in which both Xuereb and his passenger were grievously injured.

The court thus declared Xuereb guilty of dangerous driving, condemning him to a 2-year jail term suspended for four years and a one-year driving ban.

He was also ordered to pay €3,139 in court expert expenses.

Meanwhile, the man’s lawyer David Gatt, gave notice of appeal.