Suspended jail term changed to Lm1,000 fine

A bus driver given a one-year jail term suspended for four years for seriously injuring a passenger through negligence yesterday had his punishment altered to a Lm1,000 fine by an appeal court.

Raymond Borg, 48, of Mellieha, had also been banned from driving for a year for failing to observe traffic regulations in Mosta Road, Lija, on October 11, 2002, and seriously injuring 69-year-old Elsie Towner.

Borg pleaded guilty to the charges brought against him, which included driving recklessly and dangerously, failing to drive the bus on the left side of the road, speeding, failing to take the necessary precautions when overtaking and damaging two trees.

Borg appealed, claiming he should have been fined rather than given a suspended jail term. He also argued that the one-year driving ban was excessive.

But Chief Justice Vincent De Gaetano ruled that this was a very serious incident and that the punishment was to serve as a deterrent to all drivers of public transport.

He added that the public expected, and had the right to, an efficient public transport service that did not endanger their lives.

For this reason, Borg deserved the maximum punishment and a fine would serve as more of a deterrent than a suspended jail term.

The chief justice added that he believed Borg should have been banned from driving for longer than a year but since the prosecution had not appealed his hands were tied.