Waylon Johnston
Fined for running over child on zebra crossing
A man was yesterday fined €3,000 and banned from driving for a year after knocking down a 12-year-old boy on a zebra crossing just over two years ago in what the court described as an "avoidable" accident.
The boy remained in coma for a few days and in intensive care for three weeks after the accident and now has learning and memory difficulties as a result of the injuries sustained.
Court experts established that Emmanuel Schembri was driving his Isuzu pick-up at 50 kilometres per hour when he hit Carl Falzon in Dawret Street, Għaxaq on November 6, 2006 at about 6.30 p.m.
On impact, the boy first hit the windscreen and was then flung for a distance of about 25 metres.
Mr Schembri, who had been accompanied by his 14-year-old son, insisted that the traffic lights were green at the moment of the accident and that his attention was focused on the lights.
The victim told the court that he could not remember anything about the accident. He would have done what he usually did, which was to press the button and wait for the lights to turn red.
The court also heard the testimony of Mr Schembri's son, Stephen, who said all he could remember was that he saw a green light. After that he closed his eyes and did not know what happened next.
Photographs taken by court experts showed that the zebra crossing was well-lit at that time of the evening when the accident happened.
Medical doctor Mario Scerri testified that the victim left hospital with a neurological deficit and doctor Dorianne Soler said the boy now suffered from learning and memory problems as well as reading difficulties.
In her judgment, Magistrate Doreen Clarke took into consideration the fact that Mr Schembri was travelling at the maximum speed limit allowed by law on that street when he hit the boy.
The accident was avoidable had Mr Schembri kept a proper lookout in order to see what was "in very plain view".
The court added that although the victim was only 12, he was 147 centimetres tall and was already in the middle of the road. But Mr Schembri was not aware of what was going on in front of him because, as he himself had testified, he was concentrating on the green lights.
The court had serious doubts about whether his son's version of events was credible but gave the benefit of the doubt to the son who was the only other person who witnessed the accident.
Ruling that Mr Schembri was not keeping a proper lookout at the time, the court fined him €3,000 and banned him from driving for one year.
Police Inspector Joseph Agius prosecuted.
Lawyers Joseph Mifsud and John Bonello appeared for Mr Schembri.
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Evarist Saliba
Jan 14th 2009, 14:40
Let us hope that this accident will inspire the authorities to launch a sustained campaign to ensure that traffic regulations are respected, especiaslly in well-known black spots.
At the risk of becoming unpopular with drivers in my area, I suggest that they could start by monitoring the irresponsible parking in Triq ta' l-Ibrag, near the parish church, where drivers ignore completely double yellow lines and a very clear zebra crossing in their eagerness to park as near as possible to the place they want to visit..
Evarist Saliba
Evarist Saliba
J Oatmon
Jan 14th 2009, 12:55
It is simple:
A driver is responsible to see the road ahead is clear, it does not matter if there are lights showing any colour from green, amber or red.
On any kind of pedestrian crossing it is the drivers responsiblity if he hits anyone, under any circumstances.
Noel Tonna
Jan 14th 2009, 11:12
I don't know if there is any hope for our driving to improve at all. I also remember a few years ago a woman being run over on a zebra crossing in SanGwann. Seems like we never learn. It is just an excuse to me that this guy was concentrating on the lights. Aren't we supposed to be on the look out for unusual behaviour, don't we all know that children and older persons do things without thinking of consequences? Mr. Smith, you say there were cars parked on zebra crossings! Well it is not unusual to see vehicles belonging to the Wardens or Police parked in prohibited places. How are we supposed to behave when there is no enforcement of any kind? Where is the sense of responsibility from the authorities to give a good example? I was overtaken by a police car once a few feet away from a zebra crossing, how is that for being reckless! A warden refused to give a ticket to a guy parked on a zebra crossing one day, because this driver always makes problems for him. With this attitude we will never get anywhere.
Paul Barrett
Jan 14th 2009, 11:00
The victim told the court that he could not remember anything about the accident. He would have done what he usually did, which was to press the button and wait for the lights to turn red.
If this was the evidence offered to the Court then the accused driver should be let off. On foot, or in the vehicle, you should only proceed when the lights you can see on the crossing are GREEN. Someone made a mistake but without an independent witness, an element of reasonable doubt exists here.
Paul Smith
Jan 14th 2009, 10:17
I distinctly remember having a heated argument with some idiot a few years ago whom had parked on a zebra crossing in St.Julians to make a phone call on his mobile, at the time we where trying to cross the road with a pram.
I also remember the same thing happening in Birkakara whilst another clown parked on the zebra crossing so he could go into Mcdonalds