The driver of a water bowser was today acquitted of grievously injuring a cyclist after a court rule that the prosecution had failed to produce enough evidence to corroborate the charges against him.

The incident dates back to June 22, 2012 when 24-year-old Clifton Mangion was at the wheel of a tanker laden with 4,000 gallons of water in Triq Burmarrad, heading towards Mosta just before the exit towards Bidnija.

The court heard how the cyclist, Nicholas Briffa, ended up on the pavement after being allegedly hit by the heavy vehicle, in a section of the road which narrowed down from two lanes to a single carriageway.

Although the cyclist was never in a critical condition and did not suffer a permanent disability, he ended up with various spine fractures and spent six weeks recovering. In addition, his bike was damaged to the tune of €2,498.

Police Inspector Nicholas Vella had also accused the tanker driver, of speeding and dangerous driving.

In an affidavit, Police Sergeant Renaldo Cremona had said that on that particular day, at about 6.40am, he was in a police car together with another officer, when they noticed the bowser travelling at high speed and veering towards the outer lane, to the point that it almost hit their own vehicle. However, the bowser then steered back to the inner lane, allegedly hitting the cyclist.

On his part the cyclist testified that he had lost his balance after being hit on the right hand side of the handlebar by the bowser.

The accused, who opted to testify, said he was driving at about 40km/h and not at an excessive speed, while noting that due to his load he needed to gain some momentum to be able to drive up the hill. He said he saw the cyclist falling to the ground from the left-hand mirror and immediately stopped to verify his condition.

In its decision, the court, presided by Magistrate Consuelo Scerri Herrera had harsh words for the police noting that the affidavits released by the two officers, who happened to be on the scene were “identical”.

While condemning such thing the court said that this was not the manner in which the police should present the evidence. It also noted that none of them had actually seen the cyclist being hit by the heavy vehicle, as the bowser was obstructing their view.

The court also noted that no signs of the impact were found neither on the bowser nor on the right hand side of the bicycle’s handlebar.  In addition the police had failed to quantify the speed at which the water tanker was being driven and only decided to issue the speeding charge following the incident.

In this respect, the court said it was not convinced that the accused was driving at excessive velocity.

For these reasons, the court said that the prosecution had failed to prove its case and acquitted the driver of the bowser.