Driver cleared of seriously injuring pedestrian
A man was this morning cleared of seriously injuring a 54-year-old in a traffic accident as his version of events was more credible than that of the pedestrian.
Albert Zammit, 54, claimed he was crossing Triq ix-Xatt, Pieta’ on the zebra crossing in July 2004 when all of the sudden he was hit by a Volvo driven by 48-year-old Marcellino Ellul.
He suffered a broken arm and leg and also had to have his spleen removed.
Mr Zammit told the court his driver had been waiting for him by the bus stop and before crossing he pushed the buttons for the lights to change, to cross safely.
But Mr Ellul blamed Mr Zammit for the accident saying he had jumped over a crash barrier, crossed the road, and as he got to the inner lane suddenly ran back and into the car.
Magistrate Audrey Demicoli said that the area where broken glass and a shoe belonging to the victim were found was about 90 meters away from the zebra crossing.
This indicated that the victim could have never have been on the zebra crossing at the time of accident.
Magistrate Demicoli found Mr Ellul not guilty of seriously injuring the victim while driving dangerously and said that this accident was the sole cause of a careless pedestrian.
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Charles Zammit
Jul 10th 2010, 10:51
So miracles do happen in our law courts , at long last a driver has been found not guilty when rightly so the pedestrian was to blame , not bad after 8 years !! I can imagine what this driver has gone through with such a thing hanging over his head . Another case of a man crossing a dual carriageway with no zebra croossing and running into a vehicle and loosing his life after two weeks from the accident , the driver driving within the speed limit and obeying the rules of the road was after another 8 years Fined E3500 and banned from driving for 1 year being self employed and his licence his bread and butter and never ever having ever been outside the law . The mind boggles .Reminds me of the inconsistency of referees in Football . SHAME .
Joseph E Briffa
Jul 10th 2010, 09:49
So how come the Police prosecuted the driver when it was evident at tempo vergine that the accident happened 100 metres away from the zebra crossing as certified by the Court's expert? And will the driver be financially compensated for unnecessary emotional distress caused by the action of the Police and the made-up story of the pedestrian? Or does he have to sue them in Court first? And what is the reason for taking so so long for judgement to be pronounced by the Courts? It would be interesting to hear the views of the Legal Experts?
Tony Gatt
Jul 9th 2010, 22:54
And it only took 6 years to figure that out!
Paul Barrett
Jul 9th 2010, 19:45
This is the reason that the USA has a jay walking law. Drivers can only do so much but if a pedestrian runs into your path or crosses a road into your path there is often little you can do.
s.koludrovic
Jul 9th 2010, 21:51
Sure, but they also have plain clothes policemen crossing zebra crossings and booking any motorist that doesn,t obey the rules.