The Armed Forces of Malta have been found to be liable for the damages sustained by a gunner due to poor maintenance of the army's roads.

Gunner Joseph Seychell told the court he had been assigned to drive an AFM Landrover in 2001. Since the vehicle was used by other soldiers, Mr Seychell had decided to make sure that it was in good working order. But as he was about to climb into the vehicle he tripped into a pothole beneath the vehicle.

Mr Justice Silvio Meli pointed out in his judgment that Mr Seychell's superior officers were aware of this pothole but had not taken action to repair it.

The court added that despite the exaggeratedly long time it had taken the case to be heard, Mr Seychell had not produced evidence about his income or about the damages he expected to receive for the four per cent permanent disability he had suffered.

Mr Justice Meli found the AFM's Brigadier responsible for Mr Seychell's injuries and put the case off for evidence to be produced on the quantum of damages.