Waylon Johnston
Suspended sentence 'disgraceful'
'Guilty of careless, but not negligent, driving'
Emma Housley proudly holding her then newborn niece Lisa shortly before she died in a traffic accident on the Mrieħel bypass four years ago.
A mother who lost her 17-year-old daughter in a road accident was outraged that the man found guilty of her death was let off with a suspended sentence.
"The magistrate found him guilty and then gave him a suspended sentence. It's disgraceful, finding him guilty and then giving him a suspended jail term... it's disgraceful," said Marlene Housley, whose daughter Emma died together with her 13-year-old friend Graziella Fenech while crossing the Mrieħel bypass in 2005.
"This man caused the death of two children and he walks away," Mrs Housley lamented.
Ivan Cutajar, who was 23 years old at the time, was found guilty of causing the girls' death by not keeping "a proper look out" and exceeding the speed limit. He was acquitted of negligent driving.
Magistrate Antonio Micallef Trigona handed down a two-year jail term suspended for four years and a €4,000 fine.
He was driving his blue Ford Focus along Triq is-Sebħ, in Qormi when "something hit the car and the windscreen turned white", as Mr Cutajar himself recounted during the compilation of evidence.
The girls - Miss Housley died on the spot and Miss Fenech succumbed to injuries two days later - were crossing the road on their way to visit a sick friend.
When contacted for her reaction, the mother was beside herself with rage. "He didn't see them! When you drive you are meant to look in front of you. It was not a cat or a dog but two children."
"Nothing will bring closure, no money in the world, no appeal, no jail term, nothing," Mrs Housley said, insisting she and her family expected justice to be done. "We feel justice was not done and justice has to be seen to be done. He just walked out. He didn't even lose his licence. We feel the magistrate felt sorry for him. It is as if the families don't exist. Nobody ever spoke to us," she said.
Mr Cutajar had said that on August 21, 2005, he left Ta' Qali at about 8.45 p.m. after a picnic with his parents. By the time he reached the road where the accident took place it was dark. He was driving normally in fifth gear, at a speed of between 60 and 70 kilometres an hour and was in no particular hurry.
He said that, at one point, "suddenly I felt something hit the front of the car and the windscreen turned white and I pressed the brake..."
The road was lit and the lights had a yellow tinge to them. When he pressed the brake he also pulled the handbrake. "I felt I was shaking and, as I got out of the car, I saw two females on the road about five or six metres away".
The court noted that, in his evidence, Mr Cutajar said that before reaching the traffic lights near the offices of the Malta Financial Services Authority he was driving in third gear. He kept on going because the traffic lights were green and then shifted onto fifth gear when the car in front of him moved onto the inner lane.
"That means that there was speed and, most probably, more than 70 kilometres an hour, or the maximum limit mentioned by the accused," Magistrate Micallef Trigona said. He also highlighted the fact that the accused only realised what had happened on impact. "When considering the visibility offered by the long stretch of road, its adequate surface, the lighting the road is equipped with, the fact that it was dry (it was August), the most likely conclusion is that the accident, even if not exclusively for such reasons, happened because of the speed the accused was driving at and the fact that he was not keeping a proper look out.
Magistrate Micallef Trigona said there was a link between the speed the accused was going at and the accident and, therefore, at the very least Mr Cutajar was guilty of careless driving in terms of article 225 of Chapter 9 of the Criminal Code. However, the court ruled he was not driving negligently.
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christopher troisi
Jan 6th 2010, 01:15
@George Debono.
Ever heard of pavement zebra crossings and ligts? thats for people.
Roads highways motorways ? theyre for cars.
If you want to take the dog for a walk cross the road at zebra crossings. if there arent enough complain to the government aout zebra crossings. dont say its the drivers fault. Pedestrians should cross the road at safe point otherwise theyre responsible.
christopher troisi
Jan 6th 2010, 01:10
@Kevin Zammit
I live in luxembourg kevin where people drive extremely decently. Its not speed which is the factor but the fact that people obey all laws, both drivers and pedestrians( besides the fact that people are actually nice when driving. they let you pass and all). the thing is I drive faster here yet I never had an accident, while in malta accidents where a daily thing. I stop at the red light, the pedestrians dont cross unless they are on a zebra crossing or there are lights... and I dont slow down for animals all the time I pass throuh the country. only when its indicated that they will cross. Im sorry to have sounded harsh but the facts are simple. the maltese people have a bad mentality regarding driving and the roads. people arent that responsable and im sorry to say but i believe its bad parenting.
George Debono
Dec 12th 2009, 13:25
@Kevin Fenech
RE"……..better look at a car fast approaching to them not assuming that he would slow down"
This is the point Mr Fenech.
I am out a lot on foot (walking my dog) and on a bike so I cross roads often and have plenty of opportunity of observing motorist behaviour.
One thing is clear - many motorists do not slow down to give a pedestrian time to finish crossing the road. It often happens that a pedestrian misjudges the (high) speed of a car when crossing the road - does this mean that the motorist has a right to mow him down - or should the motorist slow down (ever so slightly!) to give the pedestrian the benfit of the doubt? ???
Once a motorist actually stopped and wanted to pick a fight with me because I didn't break into a frantic run for the safety of the pavement in order not to slow him down.
And the experiences I have had on a bike !!! That's another story…
@David Stephen Ganado-----------RE"…heard of laws against 'Jay Walking'? i.e.Walking carelessly in the middle of the road!!!
EEEE! Like jay driving carelessly in the middle of the road!!! ??? Le?
David Stephen Ganado
Dec 12th 2009, 11:34
@Kevin Zammit
Since you seem to be an expert at driving overseas, have you heard of laws against 'Jay Walking'? i.e. Walking carelessly in the middle of the road!!! There are big fines for people caught doing it. This naturally means that even in these countries the pedestrian needs to be alert and make sure of what they are doing before attempting to cross.
These kids were allowed to go out in the dark to cross a 'highway'. This case was a matter of total negligence. The parents should never have allowed their children to cross that road. The least they should have done was accompany them to make sure they crossed safely!
Kevin Fenech
Dec 12th 2009, 09:43
If Ivan was in the opinion of the deceesed parents overspeeding, the victims should have had a better look at a car fast approaching to them not assuming that he would slow down.
Also, children should not be left wondering alone crossing such a road.
So in actual fact the fault is equally divisible by the victims and Ivan alike.
Kevin Zammit
Dec 11th 2009, 16:58
@Christopher Troisi Are you living in Italy by any chance? No matter countries like Italy are no example. I have lived in both North America and UK as well as visited a number of European countries. In North America the pedestrian has right of way. It is not your duty to judge if the pedestrian is breaking the law. In the UK I notice this is not practiced but the driving is nevertheless much more sensible. Kids will always be kids, your remark that their mother did not teach them properly is both insensitive and uncalled for. I have kids and I know that no matter what they are going to make stupid mistakes. Let me put it in another way. Since you obviously have driven abroad are you not carefull when driving in some parts of the country that some wild animal may cross the road suddenly causing a lot of damage if not kill you? A reindeer at 60 is deadly let alone a moose, elk or cow. Well then so when YOUR life is in danger you will make sure to drive slowly enough so that you can have enough time to brake, don't you?
Kevin Zammit
Dec 11th 2009, 15:35
@Mark Anthony Sammut
Well that is exactly the point. If you are truly sorry for what happened you would not be talking like this. Fact remains these were kids and with a little extra care and by abiding by the rules they may still be with us today.
It is totally irresponsible and pointless to be doing anything over 60 max 70 on this Island anywhere. Most streets you should not be doing more than 40. Practically all streets are used by pedestrians and pedestrians no matter what should have right of way as they are in a more vulnerable position. It is irrelevant how irritating they can be ... you the driver may one day be one of those pedestrians. Stop and tell the person off it if that makes you feel better but nevertheless it should be your responsibility since you are driving and therefore presenting a hazard.
He was obviously doing more than 80 as I'm sure you know, this guy did not even see them at all in a wide open road! The court noted this point in fact.
Note that by his own admission he overtook another car.
Christopher Troisi
Dec 11th 2009, 14:45
Im sorry for the incident but personally I believe that without adequate crossing the pedestrian is responsible for the way he crosses. I live abroad and no one crosses without the lights or on the zebra crossing. People do stop more frequently and immediatly but pedestrians are more aware and responsible. Im sorry to say but the lack of responsabiolity was mainly the children. In all circumstances the man didnt cross the red light, he didnt continue going over a zebra crossing. The children crossed carelessly and its either their fault or their parents fault for not instilling a proper road safety mentality. If the mother beleives that her children and she has no fault then she should be angry at the government for not having suitable crossings in that area but sincerely... finally... its the children who crossed the road wrongfully and not the mans fault for driving.
Mark Anthony Sammut
Dec 11th 2009, 13:41
@K. Zammit
That's not the point. The point is, who should hold most responsibility, the man driving at 80Km/hr on a bypass where it is permissible, or the pedestrians crossing such a road which surely is not suitable for pedestrians? While I feel sorry for the innocent and tragic loss of life of the two children, I completely disagree with the court's guilty sentence.
K Camilleri
Dec 11th 2009, 13:27
I agree with Mr. Sammut.
The bypass is not a road to be crossed, not by children only, but by anybody. The 2nd biggest disgrace in all this story is one - that NOTHING has been done to this road so that pedestrians can cross it SAFELY. There are houses in the vicinity of the industrial estate YET no pedestrian crossing has been made. Why don't set up a set of lights there since they are popping all around the island even in much less busy roads.
For sure the driver did not want to kill anyone, and in this case, poor families and poor driver but it is SHOCKING to know that NOTHING HAS BEEN DONE after 4 years!!
Sincere condoliances.
Kevin Zammit
Dec 11th 2009, 12:39
@Mark Anthony Sammut
So what? Do you have to reach 80km/hr on a ... what is that a 4km road before you hit the first fly ovr? BTW do we recall that other bloke who flew over the fly over and into the field? May the lord let rest his soul.
lets see 80km/hr 5 km road = 3.75 minutes!!!! So for 3 minutes you want to drive at at full speed? wow that is some ride man!
Mark Anthony Sammut
Dec 11th 2009, 12:11
Mr. Fenech, I think the farce is finding this man guilty! With all due respect, he was driving on the only road on the island where driving at the national limit of 80km/hr is permissible! That's not a road which should be crossed by children.
Anthony Attard
Dec 11th 2009, 12:01
I am the cousin of Emma the girl who died and a second cousin of Graziella the other girl who died. I am shocked at the verdict. I can not understand how if he was driving too fast he is found not guilty of negligent driving. While I believe the man did not kill them with criminal intent and so a prison sentence may not be appropiate, I can not understand how he is not banned from driving for a very long time. The man will now have the worst punishment that can be delivered on him. The death of two young girls with their lives ahead of them on his conscious. If the man chooses to drive again may he always think if what his neglect has contributed too. I can not understand of the man has the conscious to be able to drive again no matter what the judgement of any court. Zija Marlene and Ziju Dave I am very sorry for your loss and my prayers are with you both.
Ian Fenech
Dec 11th 2009, 10:52
What a disgrace! The court system is this country is a farce.
Condolences to the families of both girls.
Joanne Tonna
Dec 11th 2009, 10:40
Oh Marlene, I am lost for words. This is so unfair.You have a right to be furious. Still nothing would bring back those two angels as you said. It's so painful to be ignored too. This is not the first time that a similar sentence was given. At least this guy stopped, the other kept going!! Still........