A driver who seven years ago was involved in a traffic accident which cost the life of a motorcyclist has been fined and ordered to perform 400 hours of community work after a court concluded he had failed to take due precautions.

Jeremy Cilia, 38, was driving his Maruti out of a side road onto Siġġiewi Road in Żebbuġ when his manoeuvre caused the rider of a Honda, driving down the main road from Żebbuġ, to swerve suddenly. As a result, the motorcyclist lost control of his bike which ended up on the opposite lane in the path of a truck used to transport building material.

The motorcyclist succumbed to his injuries and criminal proceedings were instituted against the Maruti driver for causing the fatality through negligent and dangerous driving. The driver was also accused of damaging third party property, namely the motorbike of the deceased and the truck driven by the third party.

The court, presided over by Magistrate Joseph Mifsud, observed that the case presented two conflicting versions by the prosecution and the accused.

Moreover, there were no independent eyewitnesses save for the accused himself and the truck driver who had seen the accident as it unfolded before his very eyes.

The court observed that the case hinged upon the credibility of the witnesses, supported by other proof, including circumstantial evidence.

A court-appointed traffic expert had reported that the accused, as a side road user, had manifested a great degree of negligence since he had failed to take all necessary precautions when exiting past a stop sign.

It had also been noted that the victim had been driving down the main road at 101km/hour, which was well over the legal limit.

The court, therefore, concluded that both factors had led to the accident, noting however that the accused, as a side road used, ought to have been more attentive and should have kept a proper lookout. It was evident that he had failed to do so.

It was observed that the accused had a clean criminal record and did not need to reform his character. Bearing in mind all the circumstances of the case, the court observed that little benefit could be drawn through an effective jail sentence.

Nonetheless, the court wanted to send out a message that “life is not cheap and destroying life, even if unintentionally, amounts to a serious and grave act”.

The court, therefore, declared the accused guilty and condemned him to a fine of €5,000, ordering him to perform 400 hours of community work, possibly with Puttinu Cares. He was also disqualified from driving for two years.