Judges confirm damages over cycling incident

The Court of Appeal yesterday confirmed a judgment in which a cyclist was ordered to pay another cyclist over Lm7,000 in damages after pushing him off a bicycle.

The First Hall of the Civil Court had heard Paul Pace's claim that in September 1993 Mario Camilleri had pushed him off his bike.

The two men were both cyclists and were rivals. Prior to the accident they had a history of antagonism and of fighting. As a result of a previous incident, Mr Camilleri had been suspended from his sporting association.

According to Mr Pace, the incident occurred on September 12 1993 when the two men were cycling. Mr Camilleri had hit Mr Pace on his right kidney. Following the blow, Mr Pace had lost his balance and had fallen and seriously hurt himself. Mr Pace claimed Mr Camilleri had abandoned him and a third party had driven him to a health centre.

On his part, Mr Camilleri denied that he had ever admitted to the criminal charges against him. He said he had approached Mr Pace to speak to him. Mr Pace had let go of the handle bars and lost his balance.

The first court had found in favour of Mr Pace and had concluded that it was likely that when Mr Camilleri approached Mr Pace, Mr Camilleri's intentions were hostile and aggressive. If Mr Camilleri had only intended to speak with Mr Pace, why had he left him on the ground in pain?

The first court had awarded Mr Pace Lm7,261.53 in damages.

Mr Camilleri appealed to the Court of Appeal composed of Chief Justice Vincent De Gaetano, Mr Justice Albert J. Magri and Mr Justice Tonio Mallia.

On examining the appeal and the records of the case, the appeal court confirmed the first court's decision.