A taxi driver who hit a pedestrian, fracturing his knee, eight years ago, was yesterday fined €1,000 by the courts.

Taxi driver Joseph Farrugia was charged with driving recklessly and causing grievous harm to a pedestrian while driving on Paceville road, corner with St George’s road, St Julian’s,  on 5 April 2008 at 8 pm.

Ronald Dimech, who was the injured party, said he had looked both ways before crossing St George’s Street. He said he saw a parked taxi which didn’t have the headlights on. He began crossing the road and the taxi hit him, fortunately not at high speed. He also said that the street was not well lit.

“It (the taxi) was going forward, I was crossing the road and as soon as I reached half-way I was hit right [on the knee].” As a result, his knee was fractured, and he spent five months in hospital. He was left with pain in his knee and leg.

Doctor Stephen Muscat testified that the injuries were classified as grievous due to the leg fracture. Dr Matthew Cassar said that the victim suffered a broken knee, tibia and shaft. The victim had undergone a total of three operations.

Mr Farrugia, the accused, chose to testify and said that on the night he was driving a client rom the airport to a hotel. “All of a sudden, he (the victim) came down off the pavement , I stopped but hit him. There was no zebra crossing, and he didn’t even look.”

He said that he was pulling off a crossroad when he hit the victim. The driver denied that his car was parked. He said that he saw the victim walking off the pavement and slammed on the brakes.

The court noted that the victim was half-way across the road when he was hit, and said that this shows that the version given by the accused was untrue. The fact that he walked a distance across the road clearly shows that the accused did not see him, and pressed the brakes when it was too late.

The court, presided over by Magistrate Donatella Frendo Dimech noted, with regard to the accusation of grievously bodily harm, that doctors had confirmed that Mr Dimech’s rehabilitation went well, and that the consultant who continued following up on the victim’s health after 2008 was not called as a witness.The accusation of causing grievous bodily harm with permanent injuries as a consequence was not substantiated.

The Magistrate also noted that the driver was not driving recklessly, but was driving negligently.

 

The accused was found guilty of causing involuntary bodily harm and negligent driving and fined €1,000.