A yacht owner has been cleared of involuntary homicide after his yacht collided with the small boat of an 81-year-old angler who was fishing off Tigne Point.
The case dates back to July 2010, when John Zarb, 57 of Naxxar, was accused of negligently causing the death of Giuseppe Gatt whilst at the helm of a motor yacht. The accused had been at the helm of the 'MY Sorcery' when it collided with the victim's small, open, fishing boat 'San Ġużepp', which then took on water and sank as a consequence of the impact on its port side.
Prosecuting officer Stephen Saliba had testified that, during questioning, the accused told him that he had felt a sharp jerk and had stopped the yacht.
Looking down, he saw pieces of flotsam, as well as a person in the sea. The accused's wife dove into the water to assist the victim.
Divers had later located the wreckage of the San Ġużepp on the sandy seabed.
A magisterial inquiry had concluded that both the victim and Mr Zarb had behaved negligently and that Mr Zarb should therefore be charged with involuntary homicide.
But Magistrate Neville Camilleri, deciding the case, criticised the court of inquiry for reaching its own conclusions and cited jurisprudence that established that inquiries are only meant to gather evidence and not to pass judgment on the parties.
"It is solely this court which should decide whether the accused is guilty or not of the charges brought before him, and this despite what was concluded in the magisterial inquiry," Magistrate Camilleri stressed.
The case saw conflicting evidence delivered by experts. The court noted that the following points needed to be established: whether the accused was at the helm of the motor yacht at the time of the incident, whether the fishing boat was moving or not, whether the accused had a proper lookout and who had the right of way.
Court appointed expert Joseph Zammit had concluded that the boat was stationary while another expert, Captain John Mary Dalli, had posited that it was in motion.
Technical expert George Said told the court that the position in which the fishing boat was found showed that it was moving at the time of impact. He, however, flagged the "mystery" of how the victim failed to take evasive action.
The accused had insisted that, in spite of being at the helm of his boat at the time of the incident, he had not seen the other vessel right up to the moment of impact. A reconstruction of the incident had shown that the Sorcery's angle of approach put the sun directly in the accused's eyes, making it impossible for him to see the San Ġużepp below. On the other hand, the San Ġużepp should have had a perfectly illuminated view of the approaching yacht.
The court also noted that a medical expert had testified that the victim had been suffering from age-related macular degeneration and cataracts at the time. That expert had explained to the court that one of the symptoms of these condition was a diminished sense of depth perception and ability to estimate distance.
The court ruled that the incident had been accidental and inevitable as it had been impossible for the accused to see the other boat.
Mr Zarb was cleared of all charges. Lawyers Joe Giglio, Ann Fenech and Joseph J. Vella appeared for Mr Zarb.