A motorist was acquitted of injuring a motorcyclist and a pillion rider after a court concluded that the victim had not exerted the necessary caution when overtaking slow-moving traffic.

The incident had occurred in Main Street, Mellieha in July 2012.

Ambrose Zammit, 38, had been charged with causing serious injuries to pillion rider Natalie Brincat and rider Dominic Brincat, through negligent driving.

The motorcyclist told the court that he was overtaking when he saw the bonnet of Mr Zammit’s car seconds before impact. The pillion rider said she had no recollection of how the incident happened.

A doctor had certified Mrs Brincat to be suffering from a fractured ankle while Mr Brincat had lacerations also in his ankle.

The court also heard how police officers had removed the motorcycle from the site of the accident before the relevant data was recorded.

The accused said he was heading to work and was coming out of a side street. He insisted that he had been very cautious when entering the main road and that both lanes were at a standstill. He said the motorcycle came up on the wrong side of the road and hit his car. The accused also told the court that he assisted the couple and sent someone to buy water.

In its decision, the court, presided by Magistrate Joe Mifsud, said the traffic regulations on overtaking were very clear - motorists should never overtake unless they were certain they could do so without putting themselves or others at risk, he said.

Motorists also had to clearly signal their intention and not overtake in narrow roads, with poor traffic visibility.

The court said Mr Brincat had carried out the manoeuvre imprudently and acquitted the accused of all charges.

Inspector Sandra Zammit prosecuted.

 

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