Victim blamed for fatal road accident

A motorist accused of the involuntary homicide of a 25-year-old motorcyclist in Ħamrun two years ago was cleared after a magistrate put the blame on the victim.

Joanne Persiano, 35, of Pietà was driving her Rover car out of Cannon Road onto High Street, Ħamrun on July 8, 2007 when the accident occurred.

The handlebars of the Yamaha motorbike Clint Vella was driving broke on impact and the biker was catapulted over a distance of about seven metres. He died later in hospital from a brain haemorrhage.

Ms Persiano was taken to court and accused of Mr Vella's involuntary homicide, driving dangerously, damaging the motorbike and failing to take the necessary precautions when driving onto a main road.

Magistrate Edwina Grima noted there were no witnesses, however, the court-appointed experts had concluded that Mr Vella was driving at an excessive speed. He was driving so fast he could not avoid the impact.

Ms Persiano testified she was inching forward out of the side street because she could not clearly see the oncoming traffic because of parked cars. When she drove out of the side street she heard a motorcycle approaching at high speed and, despite bringing her car to a stop, the motorcycle continued and collided with the car. She noticed that the biker's helmet had come off on impact.

The magistrate said that, although no witnesses had come forward to give their version of events, it was clearly speed that had caused the accident. The victim was neither insured nor licensed to ride the motorcycle, which he had taken from the owner, Randolph Calleja.

Magistrate Grima ruled that circumstantial evidence sustained Ms Persiano's version of events and, so, found her not guilty.

Lawyers Giannella and Gianluca Caruana Curran appeared for Ms Persiano.