Motorist acquitted of injuring motocyclist in accident of his own making
Ambrose Zammit was charged with driving negligently and causing serious injuries to a motorcyclist and his passenger in an accident in Mellieha in July 2012
A 38-year-old man from Mellieha has been declared not guilty of injuring a motorcyclist and his wife after a court held that the accident had been caused by the motorcyclist.
Inspector Sandra Zammit had charged Ambrose Zammit with driving negligently, causing serious injuries to Natalie Brincat and slight injuries to Dominic Brincat as a result of an accident in Triq il-Kbira, Mellieha, on 15 July 2012.
The court heard Dominic Brincat explain how he had been overtaking a car, stuck in slow-moving traffic, when the bonnet of Zammit’s car appeared in front of him, right before impact.
Natalie Brincat's ankle was fractured in the accident, and Brincat suffered lacerations to his ankle.
Zammit had explained that he had been heading to work and had been cautiously emerging from a side street when the accident happened. He had confirmed that traffic had been at a standstill at the time.
The accused said the motorcycle had appeared out of nowhere, driving up the wrong side of the road, before hitting his car. He had stopped and done what he could to assist the injured motorcyclists.
The court noted how in cases like this the prosecution had a duty to prove its charges beyond reasonable doubt. This had not been helped by the actions of police officers at the scene, who had moved the motorcycle from the site of the accident before its position could be recorded.
Magistrate Joe Mifsud pointed out that, as per road traffic regulations, motorists are not to overtake unless certain this can be done without putting the motorist or others in danger. Motorists are also obliged to indicate before changing lanes and desist from overtaking where lack of visibility meant that this could not be done safely.
Brincat had carried out the manoeuvre without exercising the necessary caution, said the court. The motorcyclist had not observed the rules of the road this had led to the accident. The court acquitted Zammit the charges.