The owner of a crane sentenced to a two-year jail term for having 10 years ago caused the death of a motorist who crashed into the structure, had his punishment halved on appeal on account of the victim's contributory negligence.

On October 6, 2007, Gozitan Baskal Saliba, 61, had set up a crane in Għajn Qatet Street, Victoria without having obtained the necessary council permit.

At around 4am on the following day, a Mitsubishi Lancer driven by Sammy Spiteri crashed head on into the base of the crane, causing the structure to tilt sideways. Several concrete blocks serving as counterweights plummeted onto the roof of the car, crushing the driver to death.

Criminal action had been taken against the crane owner for having, through negligence and non-observance of regulations, caused the death of the victim. The man was also charged with damaging third party property.

Last July, the accused was found guilty before a Magistrates’ Court in Gozo and sentenced to a two-year jail term. He was also ordered to pay court expert expenses amounting to €1,829.32.

In his appeal, the accused argued that the victim had placed himself in 'a self-inflicted incapacity’ on account of the fact that he had apparently been driving under the effects of ecstasy.

The autopsy had indeed revealed that although the alcohol level found in the victim's blood had been well within the legal limits, traces of ecstasy had been present at the time of the accident.

Although the autopsy had determined the cause of death as a perforated lung, the victim had contributed to the fatality by having taken to the wheel when under the influence of ecstasy, the appellant argued.

The court of appeal presided over by Mr Chief Justice Silvio Camilleri, confirmed the conviction reached by the first court which had concluded that the accused had manifested a lack of good judgment and had also failed to cooperate with the authorities, apparently deeming himself to be above the law.

Moreover, a court-appointed expert had stressed the accused's ‘great and manifest’ negligence, as well as his failure to abide by safety regulations. The crane’s hazard lights had not offered sufficient warning to oncoming traffic especially in the dark and there had been no concrete barriers to fence off the crane.

Whilst confirming the finding of guilt, the Court of Appeal declared that, in view of the victim's contributory negligence, the punishment was to be reduced to a jail term of one year.

Inspector Josric Mifsud prosecuted.