Driver jailed for three years

The young man responsible for Malta's worst traffic accident, which led to the death of five Qrendi teenagers, has been jailed for three years and banned from driving for five years.

A year-and-a-half after the tragic accident that threw the nation into shock, Antoine Cassar was yesterday found guilty of involuntarily causing the deaths of David Sacco, 13, Fabio Magro, 16, and 17-year-olds Marco Abdilla, Oswaldo Emanuel Vella and Christian Camilleri. They were killed when the van Mr Cassar was driving slammed into a wall in Zebbug in the early hours on October 1, 2005.

Mr Cassar, 23, of Zurrieq was also found guilty of involuntarily seriously injuring Anthony Aquilina and slightly injuring Matthew Magro who were also in the van.

After carefully examining the evidence, Magistrate Consuelo Scerri Herrera outlined the facts of the case.

On October 1, 2005, Mr Cassar accepted to give a lift to six friends from Qrendi after they had all attended a barbecue at Olive Gardens in Rabat.

The six teenagers got into the back of Mr Cassar's commercial van that was not licensed to carry passengers in the back. Mr Cassar's friend, Mr Aquilina, sat in the front passengers' seat.

On the way Mr Cassar, driving at high speed, overtook a Subaru (inside which there was a couple) from the inner lane and on a bend in the road. The van started swerving, he lost control and crashed into a wall. The five young men died on impact.

Mr Aquilina testified that he had heard one of the boys ask Mr Cassar to slow down but he had not reduced the speed.

Mr Cassar testified that he overtook the Subaru, then saw a bright light and lost control of the vehicle. That was the last thing he remembered. He said he was driving at a speed that was "a little high" (daqxejn high) and that he did not hear any of the boys ask him to slow down.

He was aware that his van had a commercial licence and was licensed to carry two people but accepted to give the boys a lift because he believed he was doing them a favour. On examining the evidence Magistrate Scerri Herrera ruled that this was a case where the evidence spoke for itself.

She was satisfied that Mr Cassar was driving at high speed when he turned towards the left to overtake the Subaru on the outer lane. During this manoeuvre he hit the Subaru, without even realising it, and lost control of his vehicle which started swerving. He then crashed into the wall, the vehicle spun and he saw the lights of the Subaru.

She ruled that Mr Cassar was responsible for the accident. He was overtaking from the inner lane, a manoeuvre he should have never attempted, on a bend and at a high speed. This constituted dangerous driving, the magistrate concluded after analysing the legal difference between various degrees of illegal driving - that range from negligent to reckless to dangerous.

The magistrate noted that Mr Cassar seemed to be a good person given the way he behaved during the court proceedings.

According to law he faced a maximum jail term of four years and three months.

In the 77-page judgment, she quoted case law, noting that punishments for manslaughter had not always reflected the value of life.

"The court is not saying that all cases of involuntary homicide as a result of a traffic accident had to be punished with imprisonment. Cases vary between them and there was a difference between a certain type of negligence and between dangerous and arrogant driving.

"Each case ought to be decided on its own merits however... there should not be justification in cases where arrogance and extreme lack of responsibility in driving resulted."

The magistrate concluded by stressing that people ought to be aware that a car can also be a lethal weapon in the hands of people who are not responsible enough to operate it.

"This was a case that could have been avoided and that happened because of the arrogance of the accused and therefore (the court) feels that a jail term is appropriate," she concluded.

Police Superintendents Lawrence Cutajar and Raymond D'Anastas prosecuted.

Lawyers Simon Micallef Stafrace, Joseph Zammit McKeon and Pierre Lofaro represented Mr Cassar.

Lawyers Michael Tanti-Dougall, Jacqueline Tanti-Dougall, Jason Azzopardi and Kris Busietta represented the victims and their families.