The Rabat council has had to pay for two new tyres after trying to get out of it by arguing that the police report was not made on site.

Parliamentary Ombudsman Anthony Mifsud was asked to help out after the driver met a blank wall when trying to get compensation for the tyres burst after driving over a large pothole at Triq it-Tiġrija, Rabat one night.

At the time, the Rabat police station had no one available to go on site and he was asked to call at the nearest police station – which he duly did.

It was enough that the person claiming compensation for damages following an incident presented himself at a police station and made a report

However, the council said it was not liable to pay compensation as the claim
should have been accompanied by a police report compiled by the police officer that "visits the alleged site of accident".

The Office of the Ombudsman was shown a copy of the police report, photos of the potholes and of the vehicle all taken at the time of the incident as well as photographs of the potholes taken the following morning, the site plan showing where the potholes were situated, copy of a receipt of the new tyres and a copy of the letter that the driver had sent to the Rabat council and their reply.

“The local council's refusal to comply with complainant's requests led the
Ombudsman to make some interesting considerations on the burden of proof in such cases,” the Case Notes for 2016 published today explain.

“The rigid position taken by the local council meant that anybody who had a right for compensation for damages sustained to his vehicle after an accident had no right to claim it if the police station happened not to be manned at the time. In many opinions delivered on such incidents, the Ombudsman never mentioned that it was necessary for a police officer to visit the site to make a report. It was enough that the person claiming compensation for damages following an incident presented himself at a police station and made a report.

“If the local council had doubts regarding the veracity of the report made by complainant, evidence could be obtained from other sources,” the Ombusdman noted.

The Director of the Department for Local Government informed the Ombudsman that the department had revised this case and the full amount was eventually reimbursed.