A taxi driver who almost nine years ago grievously injured a pedestrian in an accident which took place in Paceville, was today fined after he was found guilty before a magistrate's court.

Joseph Farrugia, 37, was charged with seriously injuring Ronald Dimech while driving his taxi in a negligent and dangerous manner.

The court, presided by magistrate Donatella Frendo Dimech, heard the victim testify how on April 5, 2008 at around 8pm while returning home from church, he had stopped at the corner of Gort Street and checked the street for oncoming traffic.

The road was clear except for a taxi that was apparently parked since it "didn't have the headlights on," the victim had explained.

The victim was halfway across the street when the taxi, with the headlights off, came upon him, hitting him on the knee, the court was told.

The accused, who had also taken the witness stand, had recalled how at the time of the incident he was ferrying a client from the airport to the La Vallette Resort when he hit the victim who had just stepped off the pavement.

Surprised by the sudden appearance of the pedestrian, he applied the brakes but was unable to avoid hitting the victim, who had just stepped off the pavement.

The court noted that the victim had suffered a fractured knee and had spent five months in hospital where he underwent three surgical interventions, as certified by medical reports.

The court observed that the victim's version of the accident was more credible than that of the accused who had insisted that the impact had occurred just as the victim stepped off the pavement.

The evidence, however, indicated that the accident had happened when the pedestrian was in the middle of the street and that the accused was driving with his headlights switched off.

"Had he turned the lights on and kept a proper lookout, this accident could have been avoided," the court concluded. There had been no contributory negligence on the part of the victim who had taken all necessary precautions before attempting to cross the street, the court observed.

While noting that the prosecution had failed to prove that the victim's injuries could give rise to a permanent disability, the charges of involuntary grievous bodily harm and of negligent driving had been sufficiently proved.

The court declared the accused guilty and fined of €1,000 payable within two years, remarking that the case had dragged on for eight years when the only witnesses were the injured party, the accused and three doctors.

Inspector Martin Sammut prosecuted.