A driver, who three years ago caused the death of a Somali pedestrian in a traffic accident in Marsa has been fined €5,000 and disqualified from driving for six months. 

Warren Chris Frendo, 35, was driving a Fiat Fiorino along Aldo Moro Road at around 2.30pm on March 24, 2014 when he hit Ismail Yasin Ibrahim. The windscreen was shattered with the force of impact. 

Magistrate Aaron Bugeja observed that although contributory negligence on the part of the victim did play a role in this unfortunate incident, yet the cause of the fatality lay primarily with the accused. 

Both technological evidence and eyewitnesses pointed towards the fact that the victim had chosen to cross the busy, four-lane thoroughfare by meandering through the passing traffic, the court noted, rather than use the pedestrian overhead bridge. 

This was clearly "insensible behaviour" by the victim who had put his own life and that of the drivers at risk, the court remarked. 

However, the court observed that this nonsensical act by the victim was not the sole cause of the accident. Indeed, a video-clip of the accident and other material evidence showed that the accused was driving in excess of the legal speed limit. 

When testifying, the accused had said that he suddenly made out 'a human figure' a few metres ahead and although he hit the brakes, steered to the right and even hit the centre-strip, he did not manage to miss the pedestrian. 

The court noted that it only took 'a few fatal seconds' for the accused to run over the victim as the latter stepped into the fourth lane, closest to the crash barrier.

The court declared that it was not "morally convinced " that the accused had been momentarily distracted by the manoeuvre of another driver and had not noticed the victim before the impact. 

The court concluded that the accused had suddenly noticed the pedestrian but was driving too fast to avoid the fatality.

A vehicle was a lethal weapon and a person behind the wheel must keep a "proper lookout " at all times, the court declared. Moreover, even when respecting legal speed limits, a driver should maintain 'a safe speed' according to particular road conditions so as to avoid such accidents. 

The court declared the accused guilty and imposed a fine of €5,000. The man was disqualified from driving for six months and was ordered to pay court expert expenses amounting to €2,581.28. 

Inspector Robert Vella prosecuted.