A hunter has been ordered to pay €90,400 in compensation to a teenager who was accidentally shot in September 2006.

Elton Borg filed his action for damages against Clifton Axisa. He said he had been injured in September 2006 while he and Mr Axisa were walking in Mellieha. According to Mr Borg, Mr Axisa who was carrying a shotgun had slipped and his gun was discharged as he fell.

Mr Borg asked the court to rule that Mr Axisa was solely responsible for the accident as he had not taken the necessary precautions.

Mr Justice Ellul found that Mr Axisa had admitted responsibility for the accident but had submitted that Mr Borg had contributed towards it as he had been walking behind him.

The court appointed experts had concluded that Mr Axisa's shotgun was a semi automatic one which could be fired by putting pressure on the trigger when the safety catch was turned off.

In this case it was obvious that the safety catch was off and that the shotgun had been loaded. The accident could have been prevented had the safety catch been on and the gun left unloaded while not in use.

The court added that Mr Axisa had deliberately taken a risk when he had chosen to walk with a loaded gun on wet and slippery ground.

Mr Justice Ellul found that Mr Borg was not responsible for the accident. After taking into consideration the fact that Mr Borg had suffered a 35 per cent permanent disability the court awarded him €90,440 in damages.