The man who ran over a jaywalker was yesterday acquitted of seriously injuring the victim through dangerous driving after the court heard that the pedestrian had jumped over a crash barrier onto the road.

Albert Zammit, 54, said he was using the zebra crossing in Marina Street, Pietà on July 8, 2004 when, all of the sudden, he was hit by a Volvo driven by 48-year-old Marcellino Ellul. Mr Zammit suffered a broken arm and leg and also had to have his spleen removed.

He said he had just left his office and was crossing the road to go to his driver waiting by the bus stop but before crossing he made sure the lights were red so that he could cross safely.

Mr Ellul testified that the zebra crossing had nothing to do with the incident and it was Mr Zammit who was to blame because he had jumped over a crash barrier, crossed the road and, as he got to the inner lane, he suddenly ran back and into Mr Ellul's car.

Magistrate Audrey Demicoli said that she had meticulously gone through all the evidence. She noted that the area where broken glass and a shoe belonging to the victim were found was about 90 metres away from the zebra crossing. This indicated that the victim could never have been on the zebra crossing at the time of accident. Moreover, Mr Zammit had testified that he was crossing the road to get to the driver who was by the bus stop. According to a court-appointed architect, the bus stop was closer to the accident area than to the zebra crossing, the magistrate said.

She added that the version given by the accused was far more credible than that of the victim. What the accused said was corroborated by hard evidence.

Magistrate Demicoli found Mr Ellul not guilty of seriously injuring the victim while driving dangerously and said the accident was caused solely by a careless pedestrian.

Police Inspector Stephen Gatt prosecuted.

Lawyers Emmanuel Mallia, Arthur Azzopardi and Kathleen Grima appeared for Mr Zammit.

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