Lm3,000 fine after crash that left two dead

An Italian architect has been fined Lm3,000 after the Magistrates' Court found him guilty of the involuntary homicide of a biker and his pillion rider in a traffic accident in Cirkewwa three years ago.

Domenico Franco, 46, of Bari was found guilty of the involuntary homicide of Clyde Camilleri, 24, and Rachel Barbaro Sant, 20, on August 15, 2000, at 11 a.m.

Magistrate Carol Peralta, who termed the accident "a tragedy", heard eyewitnesses Ramsey Hugh Watherspoon, his wife Jilian and his mother-in-law Eva Wardrope explain that at the time of the collision they were in a car driving out of the side road (that leads to Paradise Bay) into the main road. Their car was stationary at the time.

The three witnesses explained that they saw the motorcycle approach at a normal speed. Wardrope said she saw the car turn into the side road when "it blocked the path of the motorcycle and the collision ensued".

Franco, who was driving an Opel, and his wife Lucrezia Barresi said they had checked the main road for approaching vehicles before crossing into the side road.

Franco said he did not see the motorcycle because it was probably not there when he looked and added it would have only taken a speeding motorcycle three seconds to reach his car.

Magistrate Peralta ruled that evidence showed that the Opel, driven by Franco, who was driving away from the Gozo ferry, was turning from the main road into the side road that leads to Paradise Bay while the motorcycle was being driven on the main road towards Cirkewwa.

It did not seem that the two vehicles were travelling at high speeds as the Opel had slowed down to enter the side road and, as the eyewitnesses said, the motorcycle was travelling at a normal speed.

The magistrate ruled that although all motorists had to keep a proper look out, in this case the motorcycle had the right of way over the Opel that had to cross a lane to get to the side road.

Franco had enough "thinking time" to see the motorcycle approach and his vision was never obstructed.

If Franco had kept a proper look out while turning into the side road, as was his duty, he would have noticed the motorcycle approach and allow it to pass before heading into the side road, the magistrate added.

Superintendent Joseph Valletta prosecuted.

Legal counsel Aaron Bugeja appeared for Franco while lawyer Christian Farrugia represented the Barbaro Sant family and lawyer Paul Gauci Maistrè represented the Camilleri family.