Company director, driver, jailed for mini-bus incident - girl still suffering injuries
A company director and the driver of a van from which a schoolgirl fell in 2003 were today each jailed for six months for negligence.
Schoolgirl Daliborka Vrhovac, aged 13, suffered grievous injuries when the rear door of a tail-van opened suddenly and she fell off the vehicle on the Regional Road on October 9, 2003, at about 3 p.m.
As a result of the incident she spent a month in hospital. She suffered fractures, disfigurement, loss of all her teeth, spinal injuries and a partial loss of hearing.
The court found that the girl had been standing in the van because it was overloaded.
The schoolchildren told the court said that there were 26 students in the van - which was registered to carry not more than 10 passengers.
They said that the driver had been using a mobile phone, although he was not speeding. At one time the children were thrown back and the rear door opened.
The court found that Emanuel Zarb, director of Zarb Coaches Ltd, was the person who had dispatched the van to collect the 26 schoolchildren. The van was inadequate for the purpose because it was too small and not suitably licensed and insured.
In such cases, the court said, the fine was not a sufficient deterrent and it was therefore jailing him for six months and suspending his driving licence for a year after his release from prison.
With regard to the driver, Cedric Sciberras, of Birkirkara, the court said he had allowed onto his mini-bus more than twice the number of passengers which the van was licensed for.
He too was jailed for six months and had his licence suspended for a year after his release.
Popular Stories
Update 3: Woman found dead in car,...
Updated: Woman dies in car crash
Carm Mifsud Bonnici resigns after...
Part of Dwejra 'Azure window' collapses
The end of the bar that ‘never closed’
Bundy does not know whether to...
Updated - Jason Micallef demands...
This WAS the night - Kurt makes it...
Petrol price up 6c
In Discussion
Updated - Jason Micallef demands...
Gozo tunnel could take 5-7 years to...
CABS remote controlled aircraft shot...
Carm Mifsud Bonnici resigns after...
Joseph Calleja condemns portrayal of...
Updated: Labour would give...
CABS drone shot down
Second group of migrants arrives
Adrian Vassallo in scathing...
56 Comments
Post comment
Please sign in or create your Account to post comments.
Malcolm Felix
Jul 14th 2010, 21:42
Programmi u tghallim ghandna kemm trid! Enforcement ta xejn imma! Tibda gurnata ohra, u tal-bierah ma jghodd xejn! Dak jgerri mod, l-iehor slow fil fast lane u sejrin, the usual bla bla bla! Shame on authorities! Shame on authorities! Shame on authorities!
Raymond Cutajar
Jul 14th 2010, 17:41
unfortunately we do not follow other similar incidents in countries like ours then we would be able to compare.
All I can say with 100% certainty is that issues where Falls from Scaffolding , Cranes tipping over, and any other Health and Safety issues related incidents the Fines and the arm of the Law is very very hard and long
Here is only for knuckle tapping compared really !!!!
Simply Astonishing
AAzzopardi
Jul 14th 2010, 16:40
I think that it's abit unfair to charge the driver so much. What if the driver refused to get them all in, but was threaten by the garage owner that if he doesn't oblige he's sacked. I'd do it if I have a family to keep.
What about the person who checked the bus off from school premises. 23 instead of 10 surely can't go unnoticed.
Did the parents know about this abuse. If yes they are liable to being charged as well.
What about our authourities? 23 instead of 10 would mean that these children were packed like sardines! with all the wardens hiding behind trees - nobody notices anything?
It's easy to say close down his business, but what would happen to the remaining employees. They will be sacked because their colleague broke the rules?
As for the compensation, I'm sure that the girl's parents are only interested in their daughter's health. Anything else including the pennies will come second. There is nothing better to see your daughter run and smile with happiness and no money can buy that. Not saying that there shouldn't be some sort of compensation, but that's beyond the point.
Donald Scerri
Jul 14th 2010, 10:52
Taking legal action against the director ia a must to give him a lesson and for others who do the same. Perhaps it could have been even worse in other countries. But one should also see what a ridiculous low price these people earn for doing this job- that's how it was when I audited a player in this business segment a few years ago. The authorities should ensure that a decent price is paid for this transport so that the quality of service is never compromised.
Joe Fenech
Jul 14th 2010, 11:04
This company should have been closed down and Mr Zarb should never be allowed to run a business again.
Andrew Cutajar
Jul 14th 2010, 07:37
Rarely have I met a group of workers who deserve scorn as much as mini bus drivers - rude, spiteful, unreliable - and many times reckless drivers.
I am sure there are a few decent drivers - but they alow these others to tarnish their image. I remember the drivers I had - and hear the stories of my younger cousins, it seems not much has changed.
To the guys squabbling over the little giirl's compensation - you both need to grow up. You are sounding like a couple of minibus drivers, for crying out loud. This is a matter for the courts - and just for the record, it is not only loss of earnings - but also punitive damages on Zarb Coaches and compensation for the little girl's trauma and for going through life with a laundry list of issues.
I would like to see Zarb Coaches lose its license to operate - I would not trust my kids with them. Parents make your voice heard
RMangion
Jul 14th 2010, 09:27
I remember my school days, and well even now the situation is still the same.
They try to do as much trips as possible and give the same time to different people. Consequently they have to rush from one place to another as fast as possible. How can you pick up someone in Cirkewwa at 8am for example, when at 8am you are still doing your previous trip ?
This also happens with tourist vans. I used to work in Front office and I met a lot of rowdy van drivers who had such problems as well with timings.
L.Mifsud
Jul 13th 2010, 14:14
Just for the record, this was a criminal case not a civil case. Hence, the girl's parents (since she is a minor) would have to sue the company and the driver separately for them to be compensated for the girl's damages. The Court was only applying the criminal code and hence it could not have awarded damages.
In such cases, the victims have every right to sue the perpetrators for the damages sustained by them.
So, all the comments hereunder on the girl not being compensated for the damages sustained are wrong. That's something which another court has to decide about. And, first and foremost, it is the girl which has to decide whether she wants to proceed civilly or otherwise (or in this case, since the girl was a minor at the time of the accident, then, her legal guardians if civil action were to be instituted then).
josianne den ridder
Jul 13th 2010, 11:53
who are the people that made this judgement.
That girl will suffer for the rest of her life.....what is wrong with you people....where is your justice system.........
carmel cremona
Jul 14th 2010, 07:13
The people who made this judgement are competent magistrates and it is not fair for a person like yourself to criticize our judicial system. Don't know from which country you come from but surely you too have grey areas in your judicial system.
Edward Sammut Alessi
Jul 13th 2010, 09:53
"At least" €1,000,000? If you earned €15,000 a year it would still take 66 years to accumulate that amount, she has no right to *that* much compensation.
There's also nothing in this incident to suggest Malta is a third world country. Look up Bangladesh on Google. That is a third world country. Can assume your comments about schools and bus drivers and no more well thought out than your first two brilliant ideas.
Shame about the girl though.
Joe Fenech
Jul 13th 2010, 10:53
15,000 E a year? What do you think people aim at in life? To be waiters in a Valletta restaurant?
If she chose to go abroad and do a decently paid job, she'll be getting, at least, 40, 000E !
And what about the damage to her body, hearing...? Don't life and health deserve proper compensation?!
YES a third world country BECAUSE: corrupt, lax vis à vis serioius issues, useless law courts, lack transparency, favours censorship...
Edward Sammut Alessi
Jul 13th 2010, 12:23
So in your opinion she deserves (40000 x 12 x 60) = €2,400,000 compensation because she is a little deaf. You're worse than the other guy. Don't be ridiculous, the court isn't going to just give her the benefit of the doubt that she gets some amazing job abroad.
Besides it doesn't sound like she is incapable of work anyway at best she will get money for the medical costs & injury, which was my point in the first place, that isn't worth €1,000,000.
And the things you mentioned make a slightly dodgy political system not 'a third world country'. A third world country would lack more serious issues like free health care, or any health care. If people disagreeing with a court sentence makes you a third world country, then the whole world is a third world country.
Joe Fenech
Jul 13th 2010, 13:25
Edward Sammut Alessi :
"So in your opinion she deserves (40000 x 12 x 60) = €2,400,000 compensation because she is a little deaf. "
The TImes:
"She suffered fractures, disfigurement, loss of all her teeth, spinal injuries and a partial loss of hearing."
****** 1, 000, 000 E is the MINIMUM !!!!!!!!!!!!!!! ******
David Buttigieg
Jul 13th 2010, 15:04
According to you 40,000 Euro a year is only for an amazing job abroad?
You really have to get out more!
R Sant
Jul 13th 2010, 16:07
Ghandek tfal Mr Sammut Alessi ?..................ghax ma nahsibx, ghax kieku ma titkellimx hekk quoting your phrase " She is a little deaf ".
Edward Sammut Alessi
Jul 13th 2010, 17:19
@Joe
Fractures & (depending on the extent) spinal injuries heal over time, and its been 7 years, though i did forget about the teeth which probably aren't growing back. €1,000,000 is still a lot for teeth and partial loss of hearing.
@David
His words not mine.
@R Sant
Having a deaf, disfigured child with no teeth wouldn't be nice. Doesn't mean you are entitlted to €1,000,000.
Has anyone read what I am saying at all? I take issue with the ridiculous amount Joe is asking for and his 'Third world country' comments.
Joe Fenech
Jul 13th 2010, 18:36
David Buttigieg:
40,000E for a DECENT job I said. I didn't say a City Banker or Solicitor!!
I can assure you that I've travelled and experienced the world much more than you, young man!
Joe Fenech
Jul 13th 2010, 18:38
Edward Sammut Alessi:
You're probably too young to get it!
David Buttigieg
Jul 14th 2010, 11:13
@Joe Fenech,
I happen to have been agreeing with YOU 100% sir, my comment was directed at Mr Sammut Alessi who said
"Don't be ridiculous, the court isn't going to just give her the benefit of the doubt that she gets some amazing job abroad. "
Joe Fenech
Jul 14th 2010, 14:20
David Buttigieg:
Lost in translation!
I'm just very angry to see people's lives getting ruined by idiots!
L Buhagiar
Jul 13th 2010, 08:37
It took 7 years for the courts to decide this case????? Now probably it would take another 7 years for the culprits to appeal etc etc. Then there is the civil courts for the family of the girl to be maybe compensated. That can take another 5 years? Who knows. And yet the poor girl has had her best years ruined by these criminals. Was justice really served!!!!!!!!!
JF Grech
Jul 13th 2010, 19:05
I am just as stunned as you - 7 years?? I imagine we can make all the excuses in the world for this; too few court rooms, judges, lawyers, cases...etc. But it seems that the ability to simply apply common sense decisions has been lost and the only ones profiting are law breakers and those who earn a living defending them. My goodness! From day one in court; school van registered for 10 only but overloaded with 26 = criminal offense subject to charges. Charges for the owner of the company and for the driver. What possible kind of doubt or question is with this case? Maybe we should have one of those TV shows like America - Judge Judy. She would make short work of this kind of nonsense!!
Joe Fenech
Jul 13th 2010, 01:16
6 months and 1 year suspended licence????
I hope that not only this child gets compensation (at least 1,000, 000 E) but also has her teeth and medical expenses paid for.
These ridiculous sentences handed by the Maltese courts show what Malta really is : A THIRD WORLD COUNTRY!!!!
Now the many other school transport companies should consider themselves very lucky not to be involved in accidents. School buses/mini bus drive at phenomenal speeds, take on more children than the vehicle's seating capacity, often have inexperienced drivers...
Raymnd Cutajar
Jul 13th 2010, 21:13
Well pointed out sir
If the state is allowed the Whisleblower act hopefully Those Who Are encouraging third wold countries' practices perhaps will get a hindrance by being exposed earlier than naturall settling by the passage of time where they fatten their pockets illigally and abusavley to the detriment of others
I can vouch that third world countries practices are
Emanuel Falzon Chairman Coop Ltd (red minibuses)
Jul 12th 2010, 21:20
Ghalkemm jiena nuri dispjacir lejn iz-zaghzuha li kinet involuta f'lincidentnixtieq ninforma lil pubbliku li il-vettura involuta f'lincident ma kinetx minibus mill-homor u li ma kellha u l-anqas ghandha l-ebda konnesjoni mal- kopperativa tal-minibuses il-homor u li nixtieq li nassigura lil genituri kollha li juzaw it-trasport ta l-iskejjel u ta kullinkwa xol iehor mux sa jkun hemm l-anqas passigier wiehed zejjed milli il-vettura tkun licenzjata ghal dak l-amont.
Ghaldaqstant jiena bhala ic-chairman tal-kopperativa tal- minibuses il- homor nitlob lil kull min ikollu bzonn xi informazjoni jikuntatajani fuq l-email efalzon@maltacoop.com
Emanuel Falzon
Chairman Minibus Coop Ltd
vanessa bonnici
Jul 13th 2010, 11:43
Mr Falzon, my daughter's school uses co-op and I have to say I am very pleased with their service, diligence and most of all safety on their vans.
my sister saw this accident in question and was the one who called the ambulance, she is still in touch with this girl and her family and it is true that she is still suffering the effects that this gross negligence caused!!! the sentence was very lenient and no i do not believe justice was served
J Schembri
Jul 12th 2010, 20:24
@ Mr Wirth - I fully agree there should be adult supervision. Apart from road safety, this may also reduce the incidence of bullying on school vans. There is no legal obligation for adult supervision unfortunately. A friend of mine pays an extra fee to have adult supervision on her child's van but at least she feels better having someone responsible for her child's safety...surely, at times the driver might also find it hard to concentrate on the road even if there are only a couple of children fighting/bullying/jumping/yelling especially since not all vans have seatbelts. Maybe some form of co-operative by interested parents who are perhaps unemployed or can afford the extra hour in the morning/afternoon, with the incentive of a non-taxable rate, can be explored. Of course one must study such options.
Adrian Wirth
Jul 12th 2010, 19:31
Hasn't the otherwise Europe wide concept of 'Duty of Care' reached these islands? Surely these children were under adult supervision? That person ought to have been arraigned in court as equally responsible for the event. Both that person and the organisation hiring the vehicle should be sued for substantial damages - at least that would be the case elsewhere other than here. Justice is too slow and long coming for such concepts to be thought practical. One also trusts the bus companies' insurers have taken note and under their 'Duty of Care' responsibilities in future apply insurance premiums commensurate with the evident irresponsibility and lack of care of the bus operator. One equally hopes that along with the reorganisation of public transport a parallel exercise will be undertaken by Transport Malta into the Private Hire Bus sector whose operations are clearly out of control with cycnical operators using non compliant vehicles, driven by incompetant ill or untrained drivers without any consideration for passenger safety or that of other road users.
N Camilleri
Jul 12th 2010, 18:25
And they charge Eur160 every 3 months to take kids to school in a ten seater ux hekk...
olaf cassar
Jul 12th 2010, 17:59
Comments below are witness to our Christianity. If 'mistakes' and contraventions that lead to consequences were paid by this sort of measure, we would need 10 Corradino Prisons on the island.
What about all the unregulated drink driving incidents. Every early morning on a weekend is complete farce.
Same weights....different measures.
Franco Farrugia
Jul 12th 2010, 16:33
Bil-Malti, irrovinaw tifla u l-futur taghha, ejjew nghiduha.
Pero ejja nghidu wkoll li huwa FATT li hafna mit-trasport tat-tfal minn u lejn l-iskola - iktar minn l-iskola - mhux qed isir kif suppost, skont il-ligi u b'mod sigur. Bizzejjed tkunu ghaddejjin issuqu wara xi mezz tat-trasport tat-tfal tal-iskola biex tara id-dizastru li jkun ghaddej abbord. Genituri, kuntenti li uliedkom ghaddejjin minn dan kollu? ... u hafna drabi nghiduha wkoll, tort tal-istess tfal.
a abela
Jul 12th 2010, 18:57
Tort tal-familji ta tfal ax ma jirrapurtawx lil tal-vannijiet, even though the circumstances of this case could be different.
Franco Farrugia
Jul 12th 2010, 21:33
Lanqas jien, mhux assolutament nirriferi ghal dan i-kaz precis, qieghed biss niehu spunt minnu. Kieku kulhadd tajjeb biex jirraporta lil haddehor ... imma ... jekk inkunu nafu li huma uliedna li qedin ikunu ta' periklu lil haddiehor, ... nagixxu???? Jew ghax uliedna allura kollox sew?
Joe Fenech
Jul 14th 2010, 10:41
I remember a nephew of mine, who lived for a while with us in the UK, telling us about his school's bad transport. The school was a Junior lyceum in the South of Malta.
The Assistant Head (who later got promoted to a headship) used to back up the drivers who in order to save time and diesel (alias paraffin!), used to stuff 2 bus routes (over 80 children) into one bus and speed at 50 MPH.
I remember him telling us how once a small group of children refused to get on the bus which forced the driver to come back to collect the second route. This was the procedure stipulated in the contract. What happened to the children? They got told off by the assistant head!!!!!!
s.koludrovic
Jul 12th 2010, 16:28
24 children in a 10 seater van. They can consider themselves being very lucky with their sentence. If this happened in the USA I,m sure a million dollar conpensation would have been on the cards.
J Oatmon
Jul 12th 2010, 16:27
Because this 'van' was overloaded it was probably uninsured, and this is a serious offence when carrying kids or the public - there should also be a very heavy fine to drive these people out of business. Also Since law enforcement, is such problem in Malta a 'Whistleblower number' should be provided by the authorities for public use. Even the kids on this overloaded bus could than have alerted the authorities to the situation, or their parents etc. But I fully expect nothing will change, it will be like the smokey vehicle sms, a short lived idea, and then quietly dumped by the authorities, because it's too much hassle to actually do something about it.
c. camilleri
Jul 12th 2010, 16:14
With this sentence we are getting somewhere though we have still a lot to go.
smifsud
Jul 12th 2010, 16:02
this is no justice ...im still appalled at this sentence ..if u compare the time against the crime and its effect on this young woman its not even close ..she is punished and suffering from the effect of this crime committd by these two for life ..she lives in a life sentence and they get six months ..justice is not even close ....its a joke ..i hope the family sues them both for a monetary compensation ...
Charles Abela
Jul 12th 2010, 15:55
@ Charles Micallef
@ M.Caruana
Would you have been at peace with the sentence..had it been your own daughter. Think honestly, and answer to your own self.
M.Caruana
Jul 13th 2010, 08:50
@ Charles Abela . Yes. If it was my child I would have demanded jail time first and foremost and not monetary compensation. Human life is not for sale. Perhaps compensation should also have been given and it did take a long time to conclude but the sentence is certainly a step forward from the usual suspended sentences we regularly see.
B Galea
Jul 12th 2010, 15:48
paul degabriele
Jul 12th 2010, 15:47
he should have been fined thousands of euros and compensates the girl for her losses
Malcolm Mifsud
Jul 12th 2010, 15:43
The court found that the girl had been standing in the van because it was overloaded. Fast forward six or seven years, and, wonder of wonders, some school vans are still doing their routes...overloaded. Inspectors, or whoever is to see to these irregularities, are to blame as much, if not more than the drivers themselves.
GiovDeMartino
Jul 12th 2010, 15:43
Have a look at these minibuses in the early morning when the same vans have to transport chn and workers to so many different destinations all the the same time! But unless an accident happens.....everything goes.
C.Shipp
Jul 12th 2010, 15:40
I just hope this makes other drivers take notice of the safety issues that need to be addressed with regards to the mini-buses that take our children to and from school. New to this country, I was appalled and continue to be appalled by: Children standing, drivers on mobile phones, drivers smoking, buses passing "slow" traffic by moving into lane of on-coming traffic (nearly hit me head on once) with a bus full of kids. Not to mention the number I have come accross that do not: use ther turn indicators, have operative brake or reversing lights and do not obey round-about rules. A lot would have to change before I would put my kids on one of these buses!
A Micallef
Jul 12th 2010, 15:28
What about the responsibility of the school as well as the transport company? Whoever was supervising the children's departure must have been well aware that the van was far too small.
M Chircop
Jul 12th 2010, 15:20
I personally think that the sentence should have been harsher.
Charles Micallef
Jul 12th 2010, 15:15
This is the sort of sentence that deters other cowboys from abusing the traffic laws and regulations and only such sentences will serve as a warning to others !
Reuben J Micallef
Jul 12th 2010, 15:10
What about some real compensation for the victim and family?
RMangion
Jul 12th 2010, 15:33
I think that this would be a seperate case under civil law in order to demand compensation. Correct me if I am wrong :)
C. Schembri
Jul 12th 2010, 16:21
I imagine this to be a CRIMINAL case. The family should make a CIVIL case against the persons responsible for this act. (A criminal case is brought by the local, state or federal government in response to a suspected violation of law and seeks a fine, a jail sentence or both. Civil cases are generally brought by private individuals or corporations seeking to collect money owed or monetary damages.)
mary borg
Jul 12th 2010, 15:09
The abuse still goes on......vans are still overloaded and at times a seat is so conveniently removed to accomodate luggage of a later or an earlier transfer. Authorities please! And kids being picked up from school at 6.15am? Arrival at school at 6.50am when school starts at 8am? I am truly sorry for this girl...the pain she had to go through. It should never be repeated to anyone again.
Joss Galea
Jul 12th 2010, 15:02
Il-vera tal-biza, tal-misthija u lanqas naf x'iktar ghax bla kliem!!! Qed nimmagina lil binti la tibda tmur skola...jien mohhi mistrieh li gejja bil-van u qeghda herqana nistennija...u habba negligenza u injoranza ta' driver u d-direttur tal-kumpanija tista tispicca feruta jew sahansitra maqtula!!!! Ara vera mmisshom jisthu u haqqhom iktar zmien il-habs!!!! 26 tifla go mini bust t'10!!!!!!!!!!
tony abela
Jul 12th 2010, 14:52
About time we hear of some sensible sentences by our courts.
M.Caruana
Jul 12th 2010, 14:45
Prosit lil qrati maltin. Well done. Justice is served. After all it serves as a deterrent to others also which is the whole point of imprisonment. I hope spot checks are done on other minibuses and those found contravening heavily fined. Mhux biex naqilghu lira zejda nirriskjaw l hajja ta tfal. Poor girl. Spinal injuries, loss of all her teeth, disfigurement, partial loss of hearing, fractures. He might not have been speeding but since he was distracted on the phone the inertia effect would have been great just the same. Thus if he stopped immediately at 40km/h the children would be thrown forward at that same speed and then bounced back again. Road cowboys should be tackled hard and not allowed to act with impunity.