A man who was accused of causing a woman's death in a traffic accident in 2011 has finally been let off the hook after a court established that the accident was actually caused when the woman's husband drove on the wrong side of the road.

The husband, however, had been acquitted by a court in 2014 (the police had said they planned to appeal) See http://www.timesofmalta.com/articles/view/20140326/local/Court-clears-husband-over-wife-death-crash.512149

The horrific accident happened on July 16, 2011 on the road which from the roundabout near Ta'Qali leads to Saqqaja, Rabat.

Clayton James Fenech, a lawyer, had been driving a BMW, was accused of causing the death of Renee Palland, who was passenger in a Chevrolet car driven by her husband Jean Guy Legandre, a Canadian. Another car was also hit. Four people were injured. 

In handing down judgement, Magistrate Joe Mifsud expressed his regret that this case took so long to have been decided - it having been previously assigned to another court. 

He also regretted discrepancies in two reports submitted by the court-appointed traffic expert.

Accident victim Renee Palland

In his first report, the expert wrote that the Chevrolet had crossed the centre line of the road and crashed into the BMW coming from the opposite direction. The Chevrolet then hit another car.

In his second report he said that it was the BMW which crossed the centre line and the collision occurred. 

The expert, the court said, should have been more careful to ensure that his report was accurate and did not have discrepancies. 

The court said it did not agree with the conclusions reached by the expert.

The court also noted that immediately after the accident, Jean Guy Legendre declared to the police and to others that: "All of a sudden got disorientated and drove on the wrong side of the road and the collision occurred."

Three days later he said: "I do not remember in which side of the road I was driving in when the incident occurred.”

A medical expert who examined the man shortly after in hospital found that he was orientated and gave his consent for examination.

The court said the prosecution had not presented sufficient evidence against Dr Fenech.

After consideration of all the evidence including the consistency of evidence by the accused and the statement by Mr Legendre, the court concluded that Dr Fenech had not been the one who caused the accident, and, rather the accident was caused by Mr Legendre's actions.