The driver of a car involved in a collision just upon leaving a service station on the outskirts of Rabat was cleared of causing the accident through reckless and dangerous driving after the court found he had taken a proper and cautious approach.
Isaac Schembri, 25, from Mġarr, was driving his Mazda out of the J Micallef Petrol Station when he was involved in a crash with a Kawasaki motorbike driven by Arnold Farrugia who was returning from Għajn Tuffieħa, headed towards Rabat.
Criminal proceedings were instituted against the car driver who was accused of causing the accident through negligent, reckless and dangerous driving, unintentionally causing the motorcyclist grievous injuries and damaging a Ducati bike belonging to a third party who had, in turn, collided with the victim's bike.
In the course of the proceedings, the driver of the Kawasaki testified how on December 16, 2012 towards midday, he had been driving towards Rabat when the Mazda exited from the petrol station, stopping suddenly in the path of oncoming traffic.
The manoeuvre had been so sudden and unexpected that he crashed head on into the car.
A police officer called to the scene of the accident had told the court how he had found the Mazda facing the direction of Mosta and two motorbikes lying on the road. One of their drivers was being treated by members of an ambulance team.
The accused had, however, given a different version of events. He had testified how, before exiting from the petrol station turning towards Mosta, he had looked right and left to check out any oncoming traffic.
Two vehicles, still a long way off, were approaching from the direction of Mosta. Therefore, he exited onto a bay outside the station when suddenly he caught sight of a blue bike overtaking the two vehicles coming towards him at excessive speed.
Sensing that he had no space to manoeuvre, the Mazda driver had tried to steer clear but had been unable to avoid the impact.
The court, presided over by Magistrate Josette Demicoli, had also heard the testimony of an eyewitness, a customer who at the time of the mishap had been vacuuming his car at the service station.
This onlooker had seen the accused's car driving out of the station, with its indicator on, when the blue Kawasaki appeared “out of nowhere” and crashed straight into the Mazda. A second red bike then crashed into the victim's bike.
The court observed that the version given by the accused had been corroborated by the evidence put forward, including on-site photos and the testimony of the independent eyewitness.
Moreover, the injured party had declared that he had not known that vehicles leaving the petrol station could turn towards Mosta. On the other hand, the accused had not only kept a “proper lookout” but had even stopped on the bay before proceeding onto the road.
The court, therefore, cleared the car driver of all the charges.
Inspector Robert Vella prosecuted.