A sports car enthusiast has been sentenced to an effective jail term of one year over a massive car crash 12 years ago on the Salina coast road, which left a young man with a permanent disability and shattered dreams of becoming a dancer.
Massimo Abela, 46, from Mqabba, was driving his newly purchased Mitsubishi Lancer along the Coast Road towards Buġibba shortly after midnight one morning in September 2005, when he lost control of the vehicle crashing into two vehicles approaching in the opposite direction.
The driver of one of them, a Mercedes Benz, later testified how he had witnessed the crash unfold before his very eyes. Just as the Mitsubishi of the accused manoeuvred the Magħtab bend, it skid out of control after brushing against the pavement.
The car crossed over to the opposite lane, crashing into an Opel Corsa which disappeared from view and finally collided sideways with the Mercedes which had braked suddenly.
The Opel Corsa and its unfortunate driver fared the worst. Upon impact, the car ended up on the rocky beach, one storey below street level, its ripped-out engine landing some 12 metres away.
A court-appointed expert wrote-off the car, reduced to a mere wreck. The accused's car was also extensively damaged ‘beyond economical’ repair.
Mr Abela was prosecuted over the accident which resulted in grievous injuries to the Opel driver, slight injuries to the accused’s girlfriend, who was a passenger in his car, as well as damages to two third party vehicles.
The court, presided over by Magistrate Marse-Ann Farrugia, observed that forensic evidence showed that the road conditions at the time of the accident were dry, contrary to what had been alleged by the accused.
Moreover, he could not have been driving at 50-60km/hr as alleged, the court said. Had this been so, his car would not have caused such a forceful impact upon the Opel. It was noted that the Mitsubishi had been equipped with a very powerful turbo engine.
On the basis of all evidence produced, the court was convinced that the accused's reckless and dangerous driving had caused the massive crash. So great was his speed when manoeuvring the bend, that he did not even have time to hit the brakes, as evidenced by the absence of brake marks.
The driver of the Opel had suffered multiple fractures which left him with a permanent disability, thereby ruining his aspirations of becoming a dancer and hairdresser.
An orthopedic specialist had declared that the victim was “lucky to be alive and walking unaided”.
Although the accused had fully compensated his victim for civil damages, he had “almost killed a young man” and had dragged his whole family through months, possibly years, of mental and physical anguish, the court remarked.
Declaring the accused guilty and condemning him to a one-year effective jail term, the court stressed that punishment was intended to teach the wrongdoer a lesson and also to serve as a deterrent for society at large.
In addition to the prison sentence, the accused was banned from driving for two years, after serving jail, and ordered to pay €1,580 in court expert expenses.