A 46-year-old bus driver who had been fined €5,000 after being found partially responsible for a head-on collision which caused the death of a speeding motorist has had his licence revoked following an appeal by the Attorney General.
The accident took place in 2010 and claimed the life of Ernest Micallef.
The accused, Nazzareno Vassallo, was driving a route bus along Triq it-Tempesta, Qrendi also known as the Qrendi by-pass. He was attempting to drive across the main road and turn into a secondary road leading to Qrendi centre. At the same time, Ernest Micallef was driving his Peugeot in the opposite direction. In the accident Micallef lost his life due to a fractured skull and the two vehicles were extensively damaged.
Vassallo had told an onsite inquiry that he had stopped the bus and operated the indicators when a car crashed 'head on' into him. With the impact the bus was moved slightly. He also claimed that Micallef was driving at excessive speed. Court expert Joseph Zammit, told the court that the Peugeot brake marks found on site measured 14.33 meters. The impact happened on the front of the bus.
Another court expert, Dr Joseph Mifsud, attributed the responsibility of the accident to both drivers. Vassallo had placed his bus half way across a main road, blocking the opposite carriageway. Contrary to what the accused had told investigators, the bus was not at a standstill but was moving. On the other hand Micallef was indeed driving at excessive speed and was unable to stop the car when he saw the bus.
Magistrate Carol Peralta attributed the cause of the accident equally between the accused and the victim. However being a bus driver, Vassallo should have been more cautious and due to his negligence a man lost his life.
The Attorney General immediately appealed stating that the mandatory driving ban should have been imposed.
The Court of Criminal Appeal, presided by Judge David Scicluna upheld the request arguing that the law was clear in that the imposition of a driving ban in cases of grossly negligent or dangerous driving was not discretionary.
The court decided to ban Vassallo from driving for a period of six months.