An 83-year-old man was yesterday cleared of seriously injuring an elderly woman who, fed up of waiting for the lights to turn red, decided to cross the road.

The magistrate relied on the conclusions of a court-appointed expert, Mario Buttigieg, and the evidence of two pedestrians who said Pauline Vassallo, 80, had crossed carelessly.

The court held Ms Vassallo responsible for the accident since she had crossed George Borg Olivier Street, in St Julian’s without waiting for the lights to turn to red.

Magistrate Consuelo Scerri Herrera said there was “no doubt” the victim’s carelessness had caused the traffic accident and that Antonio Farrugia, who was driving a Toyota Ractis, could not be faulted.

The accident occurred at 10.15am on March 26, 2012. Ms Vassallo lost consciousness when she hit her head on the car’s side mirror. She spent two days in intensive care at Mater Dei Hospital.

Mr Farrugia said in court he was heading towards Sliema when he saw the woman and two other pedestrians waiting to cross. As the pelican lights were green he continued to drive but, all of a sudden, Ms Vassallo just crossed the road.

He said he slammed the brakes and tried to avoid hitting the woman but she was hit with the side of his car.

The two pedestrians, Alan and Carmen Borg, testified that the lights had not changed to red when Ms Vassallo decided to cross the road.

In her testimony, Ms Vassallo said she was unsure as to whether there was a zebra crossing or traffic lights.

In view of the expert advice and the eyewitness accounts, the court cleared Mr Farrugia of the charges brought against him.

Police Inspector Luke Bonello prosecuted.

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