Tourist given conditional discharge over freak accident that left motorcyclist with broken bones

An unlucky accident at l-Aħrax tal-Mellieħa which left a motorcyclist with broken bones has resulted in a tourist’s conviction for involuntary grievous bodily harm. 

Before Magistrate Giannella Camilleri Busuttil on Wednesday, Police Inspector Warren Galea charged a 30-year-old male Dutch tourist with negligently causing grievous injuries to a motorcyclist and damaging both his rental car and the victim’s motorbike.

The defendant is in Malta on holiday and was due to catch a return flight next week.

The court was informed that the victim suffered fractures to his leg and finger as a result of the accident on 3 August, which are injuries that the law classifies as grievous.

The tourist, who told the court that he was a metalworker, pleaded guilty to the charges and affirmed his admission after being given time to reconsider it. 

Making submissions on punishment, lawyer Martin Fenech, appointed as legal aid to the defendant, told the court that the defendant had not collided with the victim and stressed that there was no animosity between the two men, who had even exchanged friendly messages after the incident both while the victim was recovering in hospital as well as after his discharge. 

“He did not collide with the motorcycle, it skidded and ended up under the car,” said the lawyer, telling the court that the motorcyclist had braked too fast when he saw the defendant’s car reversing out of its parking space, into his path. The motorcycle fell on its side, breaking its rider’s leg in the process. The lawyer requested a conditional discharge in the circumstances.

Inspector Galea agreed that the incident was an unfortunate one and that there was no ill will between the parties. The defendant had been driving forward, not reversing, out of the parking space and had added power to get the car over a bump, he said. The inspector confirmed that the victim had also agreed that it was an accident and said that the defendant could not have seen him because of bushes and foliage.

The parties’ insurers were already in discussion with a view to settling the civil damages aspect of the incident, he added. The defendant had also cooperated fully with the police, said Inspector Galea, and did not insist on a custodial sentence.

Having seen the evidence and the submissions, the court ruled that it would not be expedient to impose a custodial sentence on the defendant in view of the particular circumstances of this case and instead sentenced the man to a one-year conditional discharge.