A bus driver has been fined for an accident in which he hit and seriously injured a pedestrian.

The accident happened in Qawra during the summer of 2014.

Stephen Muscat, 37, from Żabbar was driving a Volvo bus along Qawra Road on July 28 when he hit Joanna Borg, who ended up in critical condition with injuries to her face, chest and several fractures.

The court, presided by Magistrate Doreen Clarke, observed that the only witnesses were the accused and the victim.

In her testimony before the investigating officers, the court experts and subsequently in court, Ms Borg had been somewhat inconsistent, the court remarked.

The bus driver, on the other hand, had insisted that at the time of the accident he had just driven past the bus stop next to Fuego in Qawra and was approaching the next stop when the woman suddenly appeared in front of the bus. She seemed to appear out of thin air, the accused had testified, and although he tried to swerve to avoid the impact, it was all in vain.

The pedestrian seemed to appear out of thin air.

The court noted that CCTV footage retrieved from the site of the accident actually confirmed the version of events put forward by the accused.

The bus was seen on video slowing down as it approached the Qawra stage. Noticing there was no passenger waiting at the stop, the driver appeared about to drive past when suddenly the victim ran out into the road right up to the front of the moving vehicle.

The court observed that the victim had "failed to observe her obligations". In fact, when crossing the street the woman had done everything she ought not to have done, the court remarked.

The footage showed the victim getting off the pavement opposite the bus stop and running into the left lane onto the path of the bus driven by the accused.

The court therefore acquitted the driver of the charges related to the serious bodily harm.

However, it declared the accused guilty of having exceeded the legal speed limit of 40km/hr since at the moment of impact he was driving at around 43km/hr. The accused was condemned to a fine of €50.

Inspector Godwin Scerri prosecuted.

Lawyer Edward Gatt was defence counsel.

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