Driver handed suspended jail term for causing jogger's death

A 27-year-old man was today condemned to a three-year suspended jail term after a court found him responsible for having caused the involuntary homicide of a jogger in 2008.

The court found Kevin Ellul responsible for the death of Emanuel Formosa, 59, when he hit him with his car in Triq Durumblat, near Mosta, at 6.30 a.m. on January 20, 2008. The car was on the wrong side of the road at the time.

Such was the force of impact that the car suffered damage to its bonnet and roof support and the windscreen was shattered. Mr Formosa was thrown over a low wall and ended up in a field about a metre below street level. He died on the spot and was found about two hours after the incident.

The court found that although Mr Ellul was not speeding, it was clear that he had a lapse of attention and therefore did not know how his car ended up on the wrong side of the road. He had also not known what he had hit.

It noted that although Mr Ellul had spent a night out in Paceville and had been drinking Vodka, it had not been proved that he had been driving under the influence of alcohol, although the test was made some seven hours after the incident.

The court observed that there were no witnesses to the incident and it was somewhat perplexed about how it had taken place.

Triq Durumblat was a straight and well-lit road, although it was still dark at the time of the incident.

The driver had denied that he might have nodded off while driving. He had told the police and the court that he had been driving normally but suddenly heard a bang and his windscreen shattered. His immediate reaction, out of fear, was to drive on, but he then made a U-turn to the site and stopped his car. He saw debris from his car on the road, but did not know what he had hit.

He went home, told his father, and they returned to the site, but again did not find what the car had hit.

The driver's father spoke to lawyer Emanuel Mallia. A short time later Dr Mallia told them that a man had been found dead behind a wall in a field close to the scene of the incident. The driver then filed a police report.

That was the first time the driver learnt that he had hit anyone.

Police investigations, including forensic evidence, showed that Mr Ellul's Daihatsu had hit the victim, who suffered major head injuries and loss of blood.

The court observed that Mr Ellul left home at about 11 p.m. on the day before the incident. He had a Vodka and Sprite in a Mosta club and then went to St Julians. He had three Vodka/Red Bulls in a band club and went to Sin City where he had another two Vodka/Red Bulls.

Accompanied by his girlfriend, he then went to Closet Bar where he did not have a drink. They then went to Sugar Shake where he had a beer. They later enjoyed a take-out meal before Mr Ellul drove his girlfriend home in Fgura and headed back to his own home in Mosta.

The girlfriend had told the court that he had been driving normally. She was dropped off at 5.45 a.m.

The court said it had not been proved that Mr Ellul had been drunk or had nodded off. It had also been shown that he was not driving at high speed.

But his own account, including the fact that he did not know how the accident happened and how the car ended up on the wrong side of the road, showed that he had a momentary lapse of attention.

The fact that the victim was wearing dark clothing, which prevented the driver from seeing him quickly enough, could also have been a factor.

The court, therefore, condemned Mr Ellul to a three year jail term suspended for three years and suspended his driving licence for a year.

Emmanuel Mallia and Arthur Azzopardi appeared for the defence.