Driver given suspended sentence for double fatality

A.Kitney

Dec 13th 2009, 00:14

I do not agree with the sentence given at all !! I am a driver and I drive around Malta every day. I think that it is the victims fault not the driver!! When this happened it was night when visibility is not as good as during the day. This is also said in the Malta highway code!!! they were wearing dark clothes, also headphones. Also I went passed that road a few moments after the accident. If they walked a few meters up to where the traffic lights are then they would definitely be alive today !!! They were not a long distance from the lights. I see these things happen everyday pedestrians cross from where they are not supposed to, others don't bother to use the zebra crossings but just cross the road in negligence, others just look straight and cross knowing that a car is coming, others don't use the traffic lights and so on.
I will say it is unfair for the driver to be blamed !!! Also why weren't they accompanied by an adult ???
I hope that the driver will recover from that dreadful day !!!

Michael Andrews

Dec 12th 2009, 07:42

I think the court was too harsh on the driver. The girls were crossing where they shouldnt have been and where drivers certainly do not expect pedestrians.
I think the girls were at fault moreso than the driver and now they leave behind their families still grieving to cope.
Pedestrians nowadays cross roads without looking, with ipods stuck in their ears so nothing can be heard. How many times have you been driving down the road and seen people walking on the road rather than on the pavement?
As much as i feel for these young girls, lost in the prime of their lives, i feel they were to blame for their own demise and the guy was at the wrong place at the wrong time.

Wilfred Young Debono

Dec 11th 2009, 14:08

Accidents do happen where ever you are, its a question of being alert especially when crossing the road, works both ways to the drivers alike, however its a very sad story i sympathize with the people in question.

J. Buttigieg

Dec 11th 2009, 11:56

Although I'm sure that everyone is sympathetic with the the families of the victims I am shocked at the decision of the court. "The court found that the driver had not been keeping a proper lookout. ." What does one mean by this? I feel that it offends one's intelligence especially keeping in mind that these girls SHOULD NOT have been crossing that street at that time - Should these parents be held resposible for "not been keeping a proper lookout". I don't think so in the same way I don't think that the driver is guilty !!!

Kenneth Cassar

Dec 11th 2009, 10:56

@ George Debono:

Trust me, you're better off with a Eur 37 fine than with a suspended sentence.

Jos Vella

Dec 11th 2009, 10:18

@Roger Flett
Driving a car @ 70km / hr and an individual suddenly crosses the road with a distance of just 5 meters away from the moving car makes any driver incompetent. Consider the facts before you dare expressing your opinion and just prey that you won't end up a victim of a negligent pedestrian while you are driving. Mark my words!

James Vella Clark

Dec 11th 2009, 09:56

Whilst understanding the pain of the victims' families, the fact remains that the system is against motorists and it whatever hapens, it always seems to be the motorist's fault. Had it been the village core i would have reacted otherwise but this is one of Malta's 'motorways' and i only blame the pedestrian for his or her irresponsible act of trying to cross any such busy road. This is tantamount to trying to cross December 13th road in Marsa or Regional Road.
The spot where this accident happened is a few metres before the bridge next to the new joinwell showroom. They could have easily walked a few metres down and crossed from near the roundabout. As a motorist, you cannot stay expecting someone to cross from such places. If as a pedestrian, i choose to cross from such a spot, then i'm responsible for whatever happens. It's not fair to blame motorists even when pedestrians are irresponsible. Yesterday on a main road in floriana, an old man decided to cross even when he saw me coming. And just cause i reprimanded him for not being attentive, he almost scolded me! Perhaps i shouldn't have been so polite.

Christopher Debattista

Dec 11th 2009, 09:03

A Homicide is a kill or kills with a purpose. I don't think the driver had any grudges against the two girls. But still I think the sentence for the driver is very lame, a €4,000 fine and a suspended sentence - COME ON !! ARE YOU SERIOUS :S ? I wouldn't allow this man to drive again in his whole life again ( For the least)

B Sant

Dec 11th 2009, 00:42

we have to find someone as scapegoat ey

Roger Flett

Dec 10th 2009, 22:33

"The court found that the driver had not been keeping a proper lookout." or in other words he was driving 'without due care and attention'. These were two young girls snuffed out in the prime of their lives by an incompetent driver, the likes of which we see every day on the roads. The comments here seem to uphold the local belief that such incidents can not be avoided and are a natural consequence of cars being on the road. Certainly the courts seem to uphold this view. The message is surely that when you want to kill someone, do them in on the road, because there is no penalty for it. But equally be sure that there is no such thing as an accident, it is always the consequence of our actions or inaction's.

N.Lawrence

Dec 10th 2009, 22:26

When it comes to the God, aka the car, life is cheap. The car rules OK.

Evarist Saliba

Dec 10th 2009, 22:23

Four years have passed since this tragic accident.What have the authorities done to make it possible for pedestrians to cross safely at this point?I remember reading at the time that crossing this road at this point is a necessity.

George Debono

Dec 10th 2009, 22:23

Now hear this:

----A 21-year-old man has been convicted of possession of child pornography and sentenced to one year in prison, suspended for three years.
-----Jonathan Psaila, 30 , of Birkirkara, was given a 10-month jail term suspended for two years after he admitted punching a doctor in the face.
----Ivan Cutajar was given a two-year jail term suspended for four years after having been found guilty of NEGLIGENT DRIVING which caused the death of two girls at the Mriehel Bypass………………. the driver had not been keeping a proper lookout.

HEY !!! and what about me ??? - I didn't punch anybody, or kill someone or do naughty things with nasty dirty pictures . For the first time in my life I didn't keep a proper lookout and accidentally missed a speed camera. I was unceremoniously fined 37 Euros for travelling 8km/h over the slow limit..... Yes, mates, NOT 37 SUSPENDED Euros but 37 little smackers out of my pocket straight into that of the warden company.

It's a mad, mad little world.

I think I'll stick to my bicycle
G

marrtin saliba

Dec 10th 2009, 22:09

Only last week i tried to stop a lady with an infant in a pushchair from crossing the busiest part of the road in Msida. She just turned her head an acted as if she didnt hear me. Sometimes it should be the pedestrian who shold get fined for causing truma to the driver. One must keep in mind that there is absolutley nothing one can do if someone just walks out into the road without warning.

Jos Vella

Dec 10th 2009, 21:23

@ Raymond Sammut
This is why I believe the man was given a suspended sentence. Just a few hours ago I was driving through Sa Maison and a whole family (father, mother and two kids aged round 6 to 8 years) just crossed the busy street about 50 meters away from a zebra crossing. I was on the wheel at the time and I just braked a few feet away from these "gazelles". It is time that authorities introduce wardens to start educating pedestrians to understand traffic regulations. Unfortunately cars do not have a 'pause button' like a DVD and this is what the law needs to factor in in its decisions.

k Glanville

Dec 10th 2009, 21:01

Whilst acknowledging that this was a terrible loss for the families of the victims, and without entering into this particular case details; one must always note and understand that the decision for a pedestrian to cross such roads is based on two logic reasoning. First and foremost, a proper lookout for oncoming cars, and secondly the judging of the cars velocity in relation to the time it will take to cross the road. Seems more complicated written than done, but unfortunately most of these deaths are caused due to lack of a proper lookout. Whilst absolutely condemning any excessive speeding in our streets, i also would like to note that a vehicle can never be haulted still instantly, regardless of the bravery and cautious driving of the guy behind the wheel. We all, are at any moment a pedestrian. We must learn from such fatalities that crossing a road might sound simple task, but unfortunately it isn`t if due care in doing such act is not given. In other words, don`t cross the road infront of fast approaching cars!

Marlene Housley

Dec 10th 2009, 18:49

Thanks all for your sympathy. We strongly feel that justice was not done. The court found him guilty, still he walked away. He did not even lose his license. I have no faith any more in the Maltese justice system. This has added to our pain and sorrow. The picture of my beautiful 17 year old daughter Emma, lying dead on the ground, covered in a white sheet, with just her silky blond hair showing, will haunt me for the rest of my painful life.

Rocco Cauchi

Dec 10th 2009, 18:33

This is a very unfortunate one-off accident which happened on a particular day when exceptional circumstances prevailed.
That day there was a bus-strike on and from what I recall being said the girls got off the last bus/ transport available at Mriehel and walked down by the factories to reach the by-pass, cross the road and then on to Qormi where they resided.
Would it be right to assume that in a Sunday outing by yougsters the girls were not wearing comfortable shoes to venture crossing such a busy road, perhaps even high heels? Yet I cannot vouch about that. Be that as it may, the accident very unfortunately happened.
Now, all drivers are suffering the consequences in the form of a speed camera which has since then incidentally been put further up the road where the accident did not take place. It causes unnecessary slow downs (sometimes down to 50 kph from a maximum allowed of 80 kph) and could itself be the seed for many other accidents. I have also seen drivers squeezing their way over the painted line between two lanes to overtake two slow moving cars!!
Action please to educate slow drivers and avoid bigger accidents.

Adnre' Camenzuli

Dec 10th 2009, 18:28

Always the driver to blame in such accidents, when mostly the pedestrians are the negligent part. But how can something like crossing that motorway at 9.15 pm come to someone's mind?
Luckily the driver escaped prison sentence which would have been extremely harsh on him.

Raymond Sammut

Dec 10th 2009, 17:22

"The court found that the driver had not been keeping a proper lookout." This is the sentence that carries all the weight here. What the court is stating is that the onus is always, without exception, on the driver and not on the pedestrian.

This is the norm in every country that abides by the rule of law. A person driving a vehicle has absolute physical superiority over the pedestrian, and hence it is the driver that must make way and show courtesy to others. It is a responsibility that alternates between when we are pedestrians and when we are drivers. We would want to give to others what we would like others to give to us.

There is also the distinction between onus and fault. The fact that the onus always rests with the driver does not mean that the driver is automatically at fault. Education, backed by timely warnings to drivers, usually have a significant impact on reducing road accidents.

John Falzon

Dec 10th 2009, 17:06

@Joseph Zammit

Still not enough fatalities for the bridge I'm afraid. Lets wait for another two or three and then perhaps someone will wake up..

G. Attard

Dec 10th 2009, 16:51

@C. Camilleri,

Pretty strong choice of words you choose, homicide. Even in the circumstances that the girls were killed one cannot even use manslaughter. It was a terrible accident and the driver and the girls' families will have to suffer for the rest of their lives.

U. D'Amico

Dec 10th 2009, 16:43

c. camilleri

enlighten us on how this was a homicide?

c. camilleri

Dec 10th 2009, 16:15

It is about time that our courts start treating such incidents as homicides. Respect for human lives deserves better.

Joseph Zammit

Dec 10th 2009, 15:10

It's very sad to see that these 2 young people have lost their lives and nothing has been done to prevent another similar accident from occurring. We were promised a pedestrian bridge, but more than 4 years have gone past!

John Degiorgio

Dec 10th 2009, 15:05

U. D'Amico,

The responsibility is not the girls' parents'. Neither is it the driver's. That is simply a road that cannot be crossed inadvertently. An accident while going below the national speed limit might still have killed them.

Galea. L

Dec 10th 2009, 14:25

Crossing the Mriehel bypass is not on especially at 9.15pm.
Very sad for the girls families.
However, nothing has been done as yet to provide a safe underground passage or a bridge on this bypass which is very heavily used at all times of the day and night.
So much for the authorities care and responsibility towards the people.

Peter Korsten

Dec 10th 2009, 14:20

@Karl Abela:

The Mriehel Bypass is not a motorway. In fact, Malta does not have any distinctions between types of road. You can drive your bicycle or horse-driven cart anywhere you like. You can park anywhere you like.

In the case of the Mriehel Bypass, there is traffic crossing when going into the industrial estate. There are side roads everywhere. And there is a bus stop - which is where the teenagers were in fact heading.

There needs to be a distinction like that, with proper motorways only for cars, trucks and motorcycles, and non-grade intersections. But for now, that is not the case.

U. D'Amico

Dec 10th 2009, 13:32

I’m so sorry for this man… negligent driving when the Mriehel bypass speed limit is the “national speed limit”? Why is he at fault when the girls crossed in the worst part of such road?

What responsibility lies on the parents of both underage children?

Karl Abela

Dec 10th 2009, 13:17

Whilst feeling sorry for the girls and their families one should also look at this objectively.

The Mriehel by pass is not a place where pedestrians can cross. If a pedestrian crossed a motorway in any other country one would be heavily fined and possibly even jailed.

Why should this be different in Malta? Why is the motorist always at fault? Can we define the pedestrians responsibilities?

M. Mifsud

Dec 10th 2009, 13:05

I can only try to imagine the sorrow of these families for having lost an important member and friend and would understand their disappointment towards this sentence. However, as a driver I can also try to imagine the tragedy of suddenly finding two girls in the middle of a badly lit road and being unable to avoid them, regardless of the speed I am driving at. (I am not approving speeding and reckless driving here) I believe it's a trauma that stays with you throughout your life, just like the sorrow of the girls' families. Sometimes it's futile trying the find the "guilty" part because there simply isn't one.

Joe Morana

Dec 10th 2009, 12:42

My sincere sympathies with the families of these two young girls.