Bus driver responsible for 2010 road fatality banned from driving

A bus driver who had been fined €5,000 after being held responsible for a head-on collision which caused the death of a speeding motorist has also been disqualified from driving following an appeal by the Attorney General.

Nazzareno Vassallo, 46, had been driving his bus into Triq it-Tempesta, Qrendi late at night on 3 January 2010, when it collided with a Peugeot driven by Ernest Micallef.

Micallef suffered a fractured skull in the collision and died shortly afterwards.

During the magisterial inquiry, a court-appointed expert had apportioned blame to both drivers, pointing out that the brake marks made by the dead man’s car had been some 14.33 metres long.

Vassallo had told the court that his bus had been stationary at the moment of impact, albeit partially protruding into the opposite lane.

In 2013, magistrate Carol Peralta had concluded that the victim had also contributed to the accident and had imposed a €5,000 fine, as well as ordering Vassallo to pay for half of the damages caused by the incident.

The Attorney General had immediately appealed, arguing that the mandatory driving ban, stipulated by the Traffic Regulation Ordinance had not been imposed.

Judge David Scicluna, presiding the Court of Criminal Appeal agreed, holding that the law was clear in that the imposition of a driving ban in cases of grossly negligent or dangerous driving was not discretionary.

After taking into account the absence of any subsequent convictions for dangerous driving, the court upheld the Attorney General's appeal, disqualifying Vassallo from driving for six months from the date of the appeal judgement.