Directors cleared of responsibility for sightseeing bus tragedy, driver to be indicted

Four of the five persons charged over a fatal sightseeing tour bus accident which claimed the lives of two tourists, have been cleared after a magistrate did not find sufficient grounds for indictment. 

In a 70-page judgment, magistrate Joe Mifsud declared that there was sufficient prima facie evidence to indict bus driver Charles D’Amato, who is charged with involuntary homicide, but not the directors of the company which employed him. 

Lee Ann Borg, Kim Degabriele, Noel Degabriele and Philip Degabriele were cleared of all the charges against them. 

A Spanish woman and a Belgian man died after the top deck of the open top bus they were on struck a low-lying tree branch in Zurrieq in April 2018. 

Finding sufficient evidence for Charles D’Amato to be placed under a bill of indictment, the court sent the case to the Criminal court. 

In a previous sitting the magistrate had lambasted the prosecution, pointing out that four of the six charges against the accused were time-barred. 

Making lengthy observations as to the legal principles governing vicarious liability, the magistrate said that there was no evidence that could be taken as making a prima facie case. Whilst the evidence showed that the four were directors of City Sightseeing Malta Limited, the same could not be said of the nexus between them and the event which formed the merits of the case. 

Inspector Giannetta Grixti and Supt Josric Mifsud are prosecuting. 

Lawyers Shazoo Ghaznavi, Charlon Gouder, Alessia Zammit Mackeon and Franco Debono are defence counsel. 

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