Late policeman's family demand compensation
PC Kurt Gauci
The heirs of the young policeman who drowned in Cirkewwa last December are demanding compensation and criminal action to be taken against those responsible.
Kurt Gauci, 21, from Victoria, drowned in his dark green Hyundai Accent at around 5.45 a.m. on December 2 as he drove on the wrong quay to board the Gozo Channel ferry.
His family filed a judicial letter in court against the Prime Minister, Attorney General, Gozo Minister, Interior Minister, Justice Minister, Transport Minister, Finance Minister, the Police Commissioner, the chairman of Gozo Channel, the mayor and councillors of the Mellieħa local council, the captain of the MV Ta' Pinu which was operating at the time of the incident, all police officers at the Mellieħa police station, the Transport Malta chairman and board members, the Customs Comptroller as well as Polidano Group and Terracore Limited which are working on the Ċirkewwa terminal project.
They claimed these authorities were responsible for the incident because of negligence and lack of observance of the basic safety rules.
It was "deplorable", they said, that none of the authorities had approached the family to express their "official sympathy" or offer compensation.
"We reiterate that there was no formal investigation of this incident which could have listed a number of shortcomings which could have avoided this tragic death had they been in place."
The family called on the authorities to take criminal action against whoever was responsible for these shortcomings as well as an on-site visit to identify these shortcomings. They said the compensation had to include the value of the car which had to be scrapped.
They warned of further action if a "reasonable offer" was not made by way of compensation.
Lawyers Emy Bezzina and Maxilene Pace signed the letter.
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67 Comments
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Francis Saliba M.D.
Feb 4th, 20:46
Why has this judicial letter not been served also against the Leader of the Opposition, the Dalai Lama and the President of the Republic?
Giov DeMartino
Feb 4th, 18:21
Din isbah issa.
John Azzopoardi
Feb 4th, 00:49
RIP to the young man. I hope more awareness needs to be raised as to the cause leading to this young man's sudden dead. YOUNG PEOPLE NEED TO GET ENOUGH SLEEP AND NOT DRIVE IF THEY ARE TIRED OR NOT ABLE TO.
Iris Baitrman
Feb 3rd, 16:31
While we are on this subject why not the Gozo Ferries sort out also another safety priority by giving us car passengers more leg room to get out the vehicle and go on top deck, as it stands now its virtually impossible for older people and also heavier people to get out without smashing the doors of the next car.
THINK ABOUT IT GOZO FERRIES YOU KNOW IT MAKES SENCE, OR IS SPACE (MORE MONEY) MORE IMPORTANT THEN THE PASSENGERS SAFETY. and answers or am i refering to deaf ears as usual with the Maltese or gozitans whatever and who ever runs the ferries on the islands.
Tony Borg
Feb 4th, 08:32
Why don't you come out of the car before you park on board?? Just an idea, the driver has still to come out of the car but that cannot be avoided. Private companies need to turn space into money to be viable.
D.Stallion stewart
Feb 6th, 20:03
Sorry Tony Borg that doesn't make sence, what if the driver has to ade the invalid or maybe use a walking stick, are you volunteering sunshine? Think man think.
c Micallef
Feb 3rd, 12:43
Whilst sending my sympathy to family and friends of Mr Gauci, I cannot understand how Dr Gonzi, ministries, policemen, etc, should be held responsabile for what happend on that tragic day. What I think is happening, is that people who are filing the judicial letter are taking advantage of the situation and trying to make financial gain out of it. If God forbid anyone of my family had to have a similar accident, the last thing I would be worried about is the car being scrapped.
One has to understand that at the time of the accident Mr Gauci was driving the car, so he is the only one responsible of his actions. And unfortunately enough for him he paid very dearly for his mistake. I cannot understand how people have the nerve to blame something like this on other people.
Actually coming to think of it I might file a judicial letter against Dr Gonzi as this morning my toaster didnt work well, and due to that my breakfast didnt go down too well. Might aswell blame everything on Dr Gonzi.
Seems to be the trend nowadays
S.M. Cuschieri
Feb 3rd, 17:27
Well said C. Micallef. My god I pity our Prime Minister. He has to be blamed for everything hanina. Whereas I feel for the family of Kurt, and also for the young boy who lost his life so tragically, but I think it is pertinent to point out that the boy was said to be asleep. I do not think I would have the energy to do any appealing and I certainly would not want compensation for my son's car. But that is me. The boy is gone now and may his soul rest in peace.
dingaling rockcliffe
Feb 7th, 11:57
I think some people don't think or see further then their noses, they assume yes but the brain doesn't function any further. Ofcourse you have a point Mr.Stewart.
Robert Attard
Feb 3rd, 12:36
I do not want to go into the merits of this case. I just want to point out that there is a dangerous slipway in Senglea which needs some form of enclosure. Thanks to anyone who might pay attention.
Joe Borg
Feb 3rd, 11:01
I might be included unknowingly in the 'against' list...this is like shooting at a large crowd in the dark, you will surely hit somewhere. RIP Mr. Gauci.
Ms Maria Vella
Feb 3rd, 10:50
We demand this and demand that, without trying to see if the victim, God rest his soul, had any fault in the matter.
Yes it is tragic to lose a loved one especially in such circumstances but accidents unfortunately happen. As J. Debono said in his post below the young man did not realise he drove to the wrong quay and didn't realise the boat was missing....something was very wrong here and it is not necessarily the authorities fault
MALCOLM SEYCHELL
Feb 3rd, 10:26
So for this now we have to blame the prime minister as well??. While I fully understand the frustration of the family this is not fair. Thousands travel to Gozo each year. Probably this poor guy felt sick and ended up in the sea. If someone drives in the sea by mistake what we should do? Put barriers all around the coast of Malta.
Godfrey Camilleri
Feb 3rd, 10:19
I fully agree with this court action and proset for the two lawyers who have taken this case. One thing is that I fail to see why it is instituted against so many people. I think the list can be reduced to around six in all. Yet definitely the family deserve compensation since gross irresponsibility was involved and it is shameful that no one of the authorities apologised or showed sympathy for this grave mishap.
J. Debono
Feb 3rd, 10:10
While I sympathize with this family, we have to accept the fact that the authorities CANNOT erect barriers everywhere!!
We drivers are responsible for the fact that when we drive we have to be fully awake, sober, car properly maintained and serviced, we do not overspeed, we do not cross over to the other lane etc. etc. etc.
In this particular case, for whatever the reason, this person did not realize that he drove to the wrong quay, and most surprising of all, he did not realize that a boat that size was missing!!!
While I do not wish to go into the merit of the case, for the familiars to blame the authorities, is a bit over the limit.
Hossam Helwani
Feb 3rd, 09:57
with respect to the policeman who lost his life tragically!
What is the family going to achieve in this way? A court case which involved all the ministries and God knows who else. By the time they start hearing it and trying to find a conclusions we would have gone through 10 elections.
Please let him rest in peace. Compensation like this is not the way.
Joseph Borg
Feb 3rd, 09:22
With all respect to the family, while yes the ramp with no ship on it should have been closed with some form of barrier to prevent accidents, it was also his fault because not to realise that a ship THAT size is not there and is somewhere else, is something to say mea cupla about, unfortunately!
Michael Camileri
Feb 3rd, 09:09
To be honest, I think it is lacking in this day and age that they do not offer 'death in service' pay-out in the contract. Especially since he was a policeman!
Im sorry ta, including an invoice as detailed as including the value of a car feels wrong and sick...
But I agree, they should receive something.. even if only a death in service.
Joseph Sammut
Feb 3rd, 09:35
The late Mr. Gauci was not on duty
Michael Camileri
Feb 3rd, 10:00
One does not have to be actually on duty (at the workplace or at work) to receive death in service....
Joseph Sammut
Feb 3rd, 10:50
With all due respect is this what you think or what is acceptable practice?
Louis Galea
Feb 3rd, 09:04
Why the Comptroller of Customs???????!!!!!
pat muscat
Feb 3rd, 08:45
Accountability is what is missing in this little island. The family did the right thing. The person should not have died for such a trivial thing: lack of safety bollards at the edge of the quay.
Joseph Sammut
Feb 3rd, 09:37
Does accountability on the part of a victim (when fault has not yet been established) have to be taken into account?
Ms Maria Vella
Feb 3rd, 10:23
Accountability goes both ways Ms. Muscat. Whilst necessary precautions should be taken to limit such accidents one should see who's fault it actually was
Alfred Cassar
Feb 3rd, 20:52
Using your argument we should circle all the country with bollards, fences, nets and all sort of railings. Ma jmurx xi hadd jaqa, u ejja come on let's be reasonable.
It was a human error. As if the money will bring their loved one.
Let him rest in peace
M Cassar
Feb 3rd, 08:41
Unfortunately the autopsy report will not indicate whether the person involved had had adequate sleep prior to the incident. One should not forget that this happened at the end of a night shift.
Although the circumstances of this particular case are not known, many shift workers suffer from chronic lack of sleep and regularly miss sleep for 24 hours or even more. Sleep deprivation plays havoc with a person's judgement. When one sees the warning 'tiredness kills' on foreign roads one might feel lucky that our road trips are not long, however our two or three job culture together with all-nighters might be having the same effect.
Peter Murray
Feb 3rd, 09:00
So it was sleep deprivation alone that caused this tragic loss of life and nothing else ?Enough circumstances are known in that GC modified and amended the area where the car went into the sea immediately after this tragedy to prevent a repeat -a fact you strangely omitted .
James Dewar
Feb 3rd, 18:06
Despite Mr Murray's somewhat cynical response what you highlight is very relevant and these issues may well be contributory factors in this incident.
VV Bartolo
Feb 3rd, 08:39
with all respect, claiming for safety rules yes, toltally agree so no other similar accident takes place ... but compensation? and action against almost every Tom, Dick and Harry?? as if we can get the dead back?! ... I see it too far fetched!!
Roderick Spiteri
Feb 3rd, 08:15
Let's face it... Accidents do happen!
Should we remove all the trees along the roads which are a cause of death to a lot of drivers? should we make barriers on the valletta bastions in case someone sleepwalks over them?
With no disrespect whatsoever to this young man, it was his responsibility to drive to the correct pier. he was familiar with the place in question as he used it very frequently. Nobody pushed the car into the water!
It's clearly evident that the family is only after the "reasonable offer" including the value of the car! come on!... as if it will bring anyone back, or put grieving family members at rest.
I personally feel that the judicial letter is out of proportion and a farce in itself. but that's me...
Accidents are a part of life, Deaths are a part of life, who's to judge God/Destiny what the plan was? Who's to determine that it wasn't yet this young man's time to go to a better place?
Peace
Roderick Spiteri
I Bugeja
Feb 3rd, 08:47
You are so devoid of reality. Just because accidents happen it does not mean that we should not try t avoid them. That is why we have health and safety standards which we should abide by especially when it involves companies operated by the government such as the Gozo Channel and the Gozo Terminal in Cirkewwa. Moreover companies such as Polidano Group who are responsible for quite a number of building projects across Malta should be scrutinised about safe practice.
The family is not implying that there was unsafe practice but are demanding an investigation and if need be there should also be compensation.
And by the way since when does God have a plan about cirkewwa terminal?
c Micallef
Feb 3rd, 12:51
@ l Bugeja
The family is not just demanding an investigation, but also or rather primarily FINANCIAL COMPENSATION. Is the family missing Mr Gauci, or trying to make a buck out of the situation? Why dont the family members sit down and accept the fact that it was an accident due to human error and that is it. What are they trying to accomplish; that it was someone elses fault and once we are at it, lets make some money too. If it were me instead of Mr Gauci, I would be rolling in my grave at the moment, knowing that my parents/family members have put a price on my head. No money in the world would fill up the void of any of my family members, or bring them back for that matter.
F. Pisani
Feb 3rd, 07:48
With all respect, this judicial letter sounds a little bit funny to me. I can understand that they will file a judicial letter against Gozo channel, because by right they are responsible for what happens on the port, yet I can assure you that they are, but for the love of god what have the other parties, to do with this matter? If I may point out something, that all the rest involved are PN related people........ Any suggestion?
Carmel Xuereb
Feb 3rd, 09:09
Li responsabli l-Gozo Channel iva imma mhux wehidhom, u jiena nahseb li sar sewwa li t-tahrika saret kontra dawk kollha ghax wehidhom jibdew jinqatghu min ma kellux x'jaqsam u fl-ahhar jibqa biss dawl li vera kellhom x'jaqsmu. U Sur Pisani li all the rest involved are PN related people .. . . Any suggestions nghidlek li Malta zghira u Ghawdex izghar u kullhadd jaf li dak huw mal-PL u l-iehor mal-PN ghalhekk nahseb li hawnhekk inti sejjer zmerc bil-kbir fil-hsieb tieghek.
wayne scicluna
Feb 3rd, 07:46
Blaming everyone else is just wrong. Perhaps tiredness was the culprit after after a night out. Usually lucid people do not have a habit of driving into the sea. Regarding barriers, many other countries do not have them.
Tracy Farrugia
Feb 3rd, 09:41
he was on night duty.
and "lucid" people actually do make mistakes you know, I myself for one once nearly fell of the quay and I was ON FOOT at 9am. And no I don't tend to be drunk or sleep very late so I was quite lucid at that time of day.
James McIntosh
Feb 3rd, 07:44
While this young man's death is much regretted, it must be seen in context.
He was well aware that the normal quay for boarding is the one he drove straight past on his path to the sea, He was a frequent traveller of this ferry. The law requires driving with "due care and attention" to ALL factors involved, at all times, for the safety of others and himself.
I s it possible that the ferry was not well lit, NO, is it possible that anyone could have prevented him driving into the sea, PERHAPS, but the primary blame is his for not taking reasonable care for his and others safety,
My condolences to the family but lashing out at anyone the lawyers can think of to blame will not change the tragic outcome of that morning.
Peter Murray
Feb 3rd, 09:07
But GC could, and should have previously ,have changed the outcome of this tradegy if proper safety barriers had been in palce as magically they appeared in the immediate aftermath of this loss of life-a fact(context) you and many others seemingly inexplicably circumvent.The issue of compensation is perspective but who are you ,and the others,to be be judge and jury as you didn't lose a loved one?If wrongdoing or a lack of safety regulations are proven then why shouldn't compensation be paid?
Lawrence Fenech
Feb 3rd, 06:48
It is now common knowledge that people are suffering fatal accidents and injuries through the negligence of other people. Only after accidents occcur that the necessary steps and barriers are set up.
Francis Saliba M.D.
Feb 3rd, 09:01
Much more often fatal accidents and injuries are caused through the negligence of the driver behind the steering wheel when in no condition to drive because of overtiredness and driving under the influence of drink or drugs. That is why most of them are caused by young drivers in powerful new cars in the very early hours of the morning at exit roads from notorious centres of night entertainment.
Finding scapegoats to pay a fancy costprice as "compensation" for the lost life of these young drivers only diverts attention from the real cause of these avoidable road accidents by passing the blame to innocent persons very often uninvolved taxpayers or holders of insurance policies.
Charles Vella
Feb 2nd, 23:12
Seems like this case is going public quite well.
What about the quay? ...they are the same all over the world, and I haven't seen a quay with barriers, NO WHERE in the world!
So, i'm sorry to say, but it's the driver who lacked the attention needed when boarding the ship, and not the Gozo Ferry crew, the authorities, let alone the Prime Minister!
bryan sullivan
Feb 3rd, 11:23
so should the Valletta Harbour quays all have barriers around them should someone fall off ? the Deep water quay, the cruise liner terminal quay should all have skirts fitted around them in case someone falls off. genuinely sorry for the young man's demise which is a unqualified tragedy for his family and friends but accidents happen. well done to the lawyers for their imaginative judicial letter !
Ms.D. Galea
Feb 2nd, 22:54
The lawyers will have a field day and hopefully, in 20 years time , the sentence will be given.
Aaron Vella
Feb 2nd, 22:13
No offense to the family, but it's redicilous demanding compensation when he fell "as he drove on the wrong quay to board the Gozo Channel ferry". This doesn't sound right. It was an unfortunate mistake from this young driver's part (if I remember correctly he was sleeping a few minutes before the accident) that led to the accident not the mistakes of others. Bear in mind that if there was someone in his way, another tragedy would have occured... I understand they want answers and maybe they cannot accept this, but asking for compenstion and other's resignations is too much in this incident, of course.
David Hill
Feb 2nd, 21:34
"They said the compensation had to include the value of the car which had to be scrapped."
Does this mean that if the car hadn't had to be scrapped they would have been happy to drive it?
Joseph Camilleri
Feb 2nd, 21:18
Why not hold the President of the USA responsable too? I'm sorry for the loss and I can imagine the anger at this time, however I don't think this can solve any thing...
Maybe the thing of a person being tired after work or after being out with friends would be explainable, however not to see the ship is an other!
V Abela
Feb 2nd, 21:18
how about him being responsible for his own death?
Jeff Kawki
Feb 2nd, 21:15
Nistaqsi, l-Kontrollur tad-Dwana fiex jidhol f'dal kaz???
stephen koludrovic
Feb 2nd, 20:24
If instead of spending thousands of euros on a useless bouy off Xlendi, the minister in charge could have invested in a ramp [ just like the American embassy in Floriana had]. Then this unfortunate accident would never have happened.
Angus Black
Feb 2nd, 20:14
Without in any way criticizing his family's quest for compensation of any kind, one would have to point out that in any civilized country where some sort of highway code exists, there, without exception, is a clause which requires the operator to be 'in full control of the vehicle' at all times (moving or not).
Going by previous reports in this paper, it appears that in this unfortunate case, the victim was not in control of the vehicle. Going through the wrong quay did not help matters either. It is understood that this individual had used this pier and the services of the Gozo Channel frequently and ought to have been familiar with the arrangements.
If this claim is successful, it will set a dangerous precedent because what will prevent the relatives of a driver who kills himself/herself crashing into a tree, from suing the Local Council, the government minister responsible for public roads and any person or entity even remotely connected with the presence of a hundred year old tree against which the car had slammed, killing the operator (and/or passengers)?
Several of these type of accidents happen every year. So who is to blame? The roads, the cars, the speed? Or, the irresponsible way some drivers operate their vehicles with complete disregard to their own and other peoples' safety?
Pierre Mangion
Feb 2nd, 20:42
@ Angus Black
contrary to your comments, i hope that the claim is successful so that if such accidents do happen again, it would be through the negligence of the driver and not the lack of observance of basic safety requirements by the authorities.
if a hundred year old tree is in a dangerous position, than this should have protective guards around it. that was no car can hit it unless the driver really wants to.
Alexander Brincat
Feb 2nd, 21:17
I am sorry to say that your observation is flawed in that poor conditions and lack of lighting in a busy area does not justify an error by a half asleep driver. The poor boy was in perfect health, just tired after a shift on duty.
The conditions at the port were so disgustingly mediocre that the government and all should be held accountable for the lack of safety measures. At night one would at least set up portable strobes to guide the way. I have driven around all of north Italy in mountainous roads for years. Dangerous turns have proper, and visible markings.
James Dewar
Feb 2nd, 22:17
Angus, Your "tree" analogy is irrelevant and totally unrealistic in the context of this incident where it would appear that there were possibly inadequate safety precautions which allowed a vehicle unrestricted access to drive over the edge and into the water. Should there have been negligence on the part of any responsible person or corporate body then the family will indeed have a right to seek damages. Hopefully a full and proper enquiry into the circumstances will clarify what took place and whether or not action is required to prevent future incidents.
Michael Borg
Feb 3rd, 07:13
It s all about money my friend !!! an investigation should be done ok. but what will money bring back ?
an investigation and if someone is responisble he shouldbe held accountable !! but again will money bring him back ?
Alan Xuereb
Feb 3rd, 07:34
Spot on Mr Black, I totally concur. I also would like to add that if you're tired or not in a position to drive
just call a cab or at least call family or friends telling them you're going to have a nap in your car in a parking area! When you think you're all right, keep going to your destination.
Franky Jones
Feb 3rd, 07:46
I agree with you 100%
Joseph Sammut
Feb 2nd, 19:52
I have been at quite a number of Mediterranean ports similar to Cirkewwa/Mgarr; not one has any barrier or contraption - they are all the same as ours. What's the big fuss with all you armchair critics? Yes, let's have the result of the investigation including the autopsy report.
John iNGUANEZ
Feb 2nd, 20:27
Why not having a barrier Mr Sammut? I complained through here that at Imgarr terminal the inside ramp is a danger to cars queuing to embark because it is exactly opposite. I appealed for an iron barrier which could be removed on arrival of the ferry. Not much trouble to do it? At least they put the red plastic barriers.
Joseph Sammut
Feb 3rd, 09:52
@ John iNGUANEZ: the inside ramp at Mgarr is Ramp 1 on Berth 1. For your information, the ramps at both Cirkewwa and Mgarr are at the end of marshalling areas with cars queing bumper to bumper to board the ferry, in itself a different condition to normal roads. I am not saying that a barrier would not add to safety, but to pin fault due to the lack of a barrier is not fair. Let's keep in mind the number of vehicles that use these ramps every year and the number of deaths that occure such as this incident: doesn't that say something to you?
Joseph Sammut
Feb 2nd, 19:32
Of the thousands of vehicles that cross the channel, one goes over the ramp. Wouldn't negligence and observance of basic safety rules be for everyone or was it targetted on that one car on that unfaithfull morning?
a borg
Feb 2nd, 19:23
and for that matter not only a financial compensation, which then is passed on to the taxpayer, but the responsible persons' heads must roll!
Roger Flett
Feb 2nd, 19:14
Although compensation will not bring him back for his family, something needs to be done to rock the unbelievable complacency of those responsible. For a few days after the accident, plastic bollards were put at the head of the ramps, even though they would do nothing to stop a vehicle they did at least mark the danger. Gozo Channel have just wasted a lot of money on automatic lane barriers which are absolutely unnecessary, but it seems that they will spend nothing on proper hydraulic barriers, which should be capable of stopping a lorry, at the top of the ramps . This was after all the second such incident that I know of since the new terminal opened. The first one was very lucky because there was a diver on duty who rescued the occupants, otherwise it would have been the same fatal tragedy.
Ramon Zammit
Feb 2nd, 19:10
Yes why not - someone should be held accountable for what happened. Apart from being a case of misfortune, its also a case of negligence and lack of safety measures in dangerous locations such as this.
Stefan Zammit
Feb 2nd, 20:45
Unfortunately I believe the only one who was responsible for the accident was the driver himself. From my few experiences abroad quays don't have barrriers, and driving to the wrong side of the quay into the sea is the biggest shortcoming in the whole problem.
Not to mention that if you are in doubt of what lies ahead it's the driver who should drive responsibly to avoid any hazards.
Francis Saliba M.D.
Feb 2nd, 19:08
After reading the long list of names of people on whom the judicial letter was served, I wonder which authority is left to take any action, criminal or otherwise, so that the family's very real sorrow could be assuaged by any palliative "reasonable off of monetary compensation".
Phil Zammit
Feb 3rd, 05:12
Interesting observation!
The primary thought that comes to mind is like blindly shooting at a flock of birds. With luck (not because you have a definite shooting skill), you may hit one!