A man who set up a crane without a licence has been jailed for two years after being found guilty of the involuntary homicide of a 23-year-old youth who drove into the illegal crane.

Baskal Saliba, 61, had been charged with manslaughter after he set up the crane in Triq Ghajn Qatet, Victoria, Gozo, without obtaining a permit from the local council.

The case dates back to October 2007 when Sammy Spiteri crashed into the crane while driving in the early hours of the morning.The

The high-speed impact caused the crane to lean over to its side, with concrete blocks which were serving as counterweights toppling over and tearing through the vehicle's roof, crushing the victim inside.

Mr Spiteri, whose toxicological reports reported that he was well over the drink-drive limit and had taken ecstasy, died from a lacerated lung.

A court-appointed engineer said that the flashing yellow hazard light was not enough to indicate the obstacle in the road. This was further aggravated by the fact that there was little street lighting in the area.

Cranes installed on a road should be better illuminated at night, the expert continued.

"A solid barrier should surround and protect the base of the crane," the expert said. "Otherwise the road should be closed to vehicular traffic."

"This type of crane – the self-erecting type – is much less stable than the type of tower cranes with a solid base, in the sense that if it loses just one of its ‘feet’ it becomes totally unstable.”

Magistrate Joe Mifsud agreed with the engineer's report conclusions, which lambasted Saliba's gross negligence and stressed the importance of ensuring safety at the workplace.

Obtaining a permit was not a mere "formality" as the accused had insisted, the court held, adding that such an amateurish mentality only served to highlight his carelessness and the fact that he expected to be above the law.

The accused deserved a custodial sentence in spite of the involuntary nature of the offence, as the net result of his negligence was that a person lost his life.

Mr Saliba was also ordered to pay costs of the case.