A 26-year-old man from Cospicua was acquitted of negligent driving and causing serious injuries to a man he ran over in 2009.

Charlton Diacono, from Cospicua, was on his way to pick up his girlfriend to take her to work on 16 July 2009. Whilst driving up Coronation Street he hit a man near the police station. Carmelo Tabone, from Gudja, hit his head against the windscreen and then the ground and was hospitalized suffering from grievous injuries.

The court, heard however, that Mr Tabone did not make use of two pedestrian crossings in the vicinity. The man, who spent two months in hospital to be treated for a fractured skull and other injuries to the chest, jaw, chin and shoulder, did not remember anything after the accident. He said he only remembered parking his van and locking it and then waking up in hospital.

However, when called to testify four years after the incident he said that he had looked at both sides before crossing the road. He said that there were few cars on the road at that time of day (6am).

Mr Diacono said he was on his way to Kalkara to pick up his girlfriend and was driving at a speed of 30km/h. He said he saw the man on the pavement from some metres away and slammed on the brakes when Mr Tabone suddenly crossed the road without looking.

The court, presided by Magistrate Consuelo Scerri Herrera, said pedestrians are responsible for using the road properly. They should always look left and right and only cross the road when it is clear. On the other hand, drivers should always be on the lookout for pedestrians crossing the road.

The court said the accident was not caused by negligent driving but by a lack of forethought by the victim, who did not make use of two pedestrian crossings available. The driver was not obliged to stop or slow down when he saw the man on the pavement. As such, Mr Diacono was not responsible for causing the accident.

 

Inspector Fabian Fleri prosecuted.