A pedestrian who was hit by a car as he crossed Independence Avenue in Mosta in July 2009 has been blamed for causing the accident.

The decision was taken at the end of proceedings against the driver, Anthony Bajada , 22 of Sliema.

The court heard that Bajada was driving his Opel Astra at about 60km/h when he hit Sebastian Saliba, causing him serious and permanent injuries.

[attach id=211044 size="medium"]The pedestrian did not use a nearby pedestrian crossing. [/attach]

22-metre-long brake marks were noticed on the scene. The victim was thrown some six metres es with the force of impact.

The court noted that at the time of the incident the victim had told a police sergeant that he had seen the car approaching but thought he would manage to cross the road in time. He alleged that the car was being driven at an excessive speed. Later, in court, the victim changed his version and claimed he had not seen the car before it was too late.

The driver said Saliba had come out onto the road suddenly from behind a truck and he could not avoid him.

The court in its considerations said that Mr Bajada was driving at some 60km/h in a wide, straight road. That was slightly over the limit, but it was not excessive. Neither had it been shown that he was driving negligently.

The court determined that the victim had caused the accident when he came out onto the road from behind a truck, even though a traffic lights and a pedestrian crossing were only a few metres away.

The court insisted that pedestrians, like motorists, needed to take proper precautions.

It acquitted the driver of all charges.