Wednesday, 6th August 2008
Driver gets suspended jail term for involuntary homicide
A truck driver found guilty of causing the death a motorcyclist was yesterday handed down a one-year jail term suspended for three years.
Roderick Cauchi of Għarb, 24, also had his driving licence revoked for one year and was fined €2,330.
Mr Cauchi was found to have caused the death of Raymond Mercieca of Kerċem on June 20, 2004 when he was driving a truck in a dangerous manner through Dr Anton Calleja Street in the same village.
The court, presided over by Magistrate Consuelo Scerri Herrera, heard how Mr Mercieca app-roached Mr Cauchi on a motorcycle.
Mr Cauchi testified that on seeing Mr Mercieca driving towards him at speed he swerved to one side and then saw Mr Mercieca drive alongside his truck.
He said that at no time did he hear Mr Mercieca hitting the truck but saw him lying on the ground when he looked into his rear view mirror.
Court expert Joseph Zammit established that the motorcycle had not hit the truck but that it was only Mr Mercieca's helmet that came into contact with the rear tyre.
Mr Zammit also told the court that the tyres on the truck were in bad condition and although the brakes were in working order, the fact that the tread on the tyres had worn thin made it difficult to stop in an emergency.
Although these defects existed, he could not say that the accident occurred exclusively due to the condition of the truck.
Also taking the witness stand, technical architect Mario Buttigieg told the court that Mr Cauchi was driving in the middle of the road and when Mr Mercieca saw this, he tried to negotiate the gap between the truck and a boundary wall. But he lost control in the process and fell off the motorcycle.
Mr Buttigieg added that Mr Mercieca did not hit the wall.
In her judgment Magistrate Scerri Herrera noted that Mr Cauchi had been driving a vehicle that was not roadworthy, that he was at first unaware that an accident had taken place, he had failed to keep a proper lookout and he had a clean police record.
The Magistrate said that although a person's life was last as a result of this accident, a jail term was not automatic. Every case was unique and should be judged according to its specific circumstances.
The court added that vehicles can be lethal weapons and that was why drivers had to act responsibly while on the road.
Police Inspectors Antonello Grech and Maurice Curmi prosecuted.
RSS
Comments
As a motorcycle user myself, I confirm the constant disrespect towards motorcyclists on the road. Law enforecement bodies seem not to understand this and are not yet doing enough to protect the safety of motorcyclists on the road.
As Raymond's niece, it is true no judgement would compensate the pain and loss we still feel to this day, however, for crying out loud, please, give us reason to believe in our justice system !!!!!
This encourages driver to be careless as clearly you would get away with so little.
One would as these simple questions of who is supporting this woman /mother with 2 children without father and husband for the rest of her life? (the 2300 euros?) As a parent i know how hard it is.
What messages are given to reckless drivers? (do what you like as nothing will happen to you). MAY BE IT IS TIME TO LOOK AT THE UK ROAD REGULATION REGARDING THE SAFTEY OF MOTORCYLE USERS SINCE WE LIKE TO COPY MOST OF WHAT THEY DO!!!!!!!!!!
Who is reponsable for the maintance of the truck ? who did the last VRT on this truck ?(for sure the tires did not wear out in that short period of time). Why the person responsible for the maintance of the truck was not prosecuted?
In my opinion and most of the motorcycle users these kind of sentences are a laugh in the face and something must be done before we will have anther victim in hand.
Will the readers who castigated the magistrate for a lenient sentence in that case similarly condemn the magistrate in this case - in which a man was killed?
One wonders what sentence the driver would have received had he been other than Maltese!
Revoke the driving licence for one year due to dangerous driving and ultimately causing a man's death? Not enough.
Fined Eur 2,330? Totally unacceptable.