Driver fined after running over pedestrian on zebra crossing

Angelo Zahra, 26 of Attard, was today fined €1,500 after he was convicted of having run over Anthony Grech when driving in his hometown in May 2008.

The court found that the victim was hit by a van driven by the accused while crossing the road opposite the Corinthia Hotel at about 10.30 p.m. There were no eyewitnesses other than those involved.

Mr Grech had said that he had been crossing the road on a zebra crossing and had not seen cars approaching before he stepped onto the road.

The accused said that Mr Grech was not on the zebra crossing. He also said he had suffered partial brake loss which pulled his van to one side.

Mr Grech was critically injured in the incident.

Technical reports confirmed that the van driven by Mr Zahra had defective brakes. Nonetheless, the scene of the incident showed brake marks of 58 feet up to the zebra crossing. The impact was such that the van itself was heavily damaged.

Magistrate Edwina Grima noted that the accused had been driving towards the zebra crossing, the road was well lit and visibility was good. The court, therefore, could not understand how Mr Zahra could claim that he was surprised to suddenly see the victim in front of his van. On approaching the zebra crossing, he should have slowed down.

The brake marks and broken glass showed that the victim had been hit on the zebra crossing.

The accused had also had a duty to ensure that his van was not defective, the court said.

If was true that the victim may have been somewhat negligent in crossing the road, since he had said that he had not seen the van approaching. But this contributing negligence did not exonerate the accused from his responsibility for the accident.

The court said it could not help but remark that the employer of the accused, who was the owner of the van, was also responsible in that the employee was allowed to drive a van which was over 20 years old and not in good condition.

The court found Mr Zahra responsible for the accident and fined him €1,500.