A Magistrates’ Court has called on legislators to introduce pedestrian offences to cut down on road fatalities as it voiced concern over the growing indifference and bravado of certain drivers.

Delivering judgment against Fatih Pancar, 40, a Turkish-born driver responsible for the death of a 10-year old boy in a fatal accident in St Andrew’s Road, Swieqi on May 30, 2015, the court noted that the accused’s dangerous and reckless driving “had transformed the vehicle, intended as a commodity, into a lethal weapon capable of destroying life”.

However, the time had come for “senseless actions by pedestrians” to be sanctioned by law, it noted.

The accused had been driving his red Peugeot in the direction of St Julian’s when, close to the Luxol Grounds, the boy suddenly exited onto the main road, straight in the path of oncoming traffic.

A couple who happened to witness the accident had testified how shortly before, the accused had been tailgating their car along the Coast Road before overtaking “on the corner” and crossing a double white line in doing so.

Both husband and wife had told the court how they had suddenly heard “a bang and a screech” before seeing the “young boy being tossed into the air” some 10 feet high, then hitting the ground.

A medical expert had reported that the victim had suffered “a fractured skull and intracranial haemorrage” as a result.

Other court experts had pointed out that the accused’s car had a dented bonnet, a smashed windscreen and a broken headlamp. The absence of brake marks indicated that the car had been coming at an excessive speed and the sudden appearance of the boy had shocked the driver who totally lost control behind the wheel.

The court, presided over by Magistrate Donatella Frendo Dimech, concluded that the dangerous and reckless driving of the accused had caused the accident.

He was driving at around 70km/hr, in excess of the legal speed limit, and failed to slow down when approaching a blind corner, close to a school and sports complex.

On the other hand, the young victim, out shopping without any adult supervision, had played “a great role” in causing the fatality by ignoring the pelican lights and two zebra crossings.

In view of all circumstances, including the contributory negligence of the victim, the court declared the accused guilty and condemned him to a jail term of 32 months, out of a possible maximum of four years.

The driver was also banned from driving for four years and his car was to be confiscated. He was also to foot the bill for court expenses.

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