A driver who was drunk when a cyclist was killed on the road got away with a two-year suspended sentence.

The cyclist, Fadla-Lah Mohammed Ahmed Moh Bahkret, 37, died due to a fracture of the cervical spine after the driver, Eric Zammit, had smashed into him while the pair were both travelling through Aviation Street, Gudja, in the direction of Hal Far, in 2006.

The driver was found to be inebriated at the time of the incident, was not insured and had been conditionally discharged in a previous case.

Magistrate Ian Farrugia, presiding over the case, observed the accused was 20 years of age at the time of the incident, while he was driving at a speed of 68kph, which was described as “moderate”.

It was also observed that the bicycle did not have lights and the cyclist was not riding in the parallel service road that is for the use of pedestrians and cyclists.

The court also took into consideration that the road where the accident took place was a straight one, and, although it becomes wet due to rainfall, the surface was satisfactory and the visibility was good.

Magistrate Farrugia noted that the driver for primarily responsible for the incident due to his negligence, however the cyclist shared some of the blame for not using the dedicated lane.

He noted that all those involved in a traffic accident resulting in involuntary homicide should not necessarily be sentenced to prison. 

The courts found that it was not in the interest of justice to level a jail term against the accused, so he was ordered to pay €3,000 in court costs, and an additional €1,000 for a previous sentence. His driving licence was suspended for two years.