Driver fined for reversing into pedestrian, claims he ‘saw nothing’ but white smoke

A driver has been handed a fine and a temporary driving ban after being found guilty of hitting a pedestrian while reversing in a Qormi supermarket parking area.

Carmel Aquilina appeared before Magistrate Antoine Agius Bonnici on Thursday, facing charges of involuntarily causing grievous bodily harm through negligence, imprudence, or unskilfullness, as well as driving a vehicle in a careless and reckless manner.

The incident occurred on the morning of 26 November 2023, at around 8am, inside the Lidl supermarket parking lot located in Qormi.

The court heard testimony from the motorcyclist, who explained that he had just exited the supermarket and was walking back to his vehicle. As he was placing his helmet into his motorcycle’s storage compartment, he felt an impact from behind. Upon turning around, he saw a car pressing against him, noting that its rear windscreen was shattered.

Taking the witness stand, the accused claimed that while reversing, he saw a “white cloud of smoke” and accidentally pressed the accelerator. He further testified that a year after the incident, a similar incident  occurred, while he was fueling his car.

The accused maintained that following that second scare, he resolved never to drive again and voluntarily surrendered his driving license.

Medical evidence presented in court by Sara Scerri classified the injuries sustained by the victim as grievous. While clinical examinations confirmed that the victim suffered severe bruising and polytrauma, he fortunately sustained no fractures and was discharged from the hospital on the same day.

The victim told the court that despite not having any broken bones, the impact left him unable to feel his legs or walk properly for several months.

The court rejected Aquilina’s defence, ruling that the evidence clearly demonstrated he was not paying sufficient attention to his surroundings while maneuvering the car backwards.

While finding him guilty, the court noted that the grievous injuries did not result in permanent physical debility or long-term incapacitation. Furthermore, the magistrate took into account Aquilina’s pristine criminal record and the fact that he was a senior citizen.

Carmel Aquilina was subsequently ordered to pay a €1,000 fine. In addition, the court ordered the disqualification of his driving license for a month.

Inspector Roderick Agius led the prosecution.

Magistrate Antoine Agius Bonnici presided.