A civil court has ordered a man named Andrew Stephen Roberts to pay €17,970 in damages to Anthony Busuttil after the latter was left with 20 per cent disability when Roberts' car crashed into a sulky driven by Busuttil on the Marsa race track.

Busuttil, a jockey, was on the race track with his horse, which was killed when the incident took place on 10 October 2008 at around 2.30pm. The court had observed that Roberts, who worked at the Malta Golf course, used the track to enter the golf course’s service facilities. Those wishing to access the facilities are known to enter and exit through the track.

Roberts had been found guilty by a court of magistrates of grievously injuring Busuttil through imprudence or carelessness and having killed his horse. He was sentenced to one year imprisonment and slapped with a €3,350 fine. This decision was appealed, with the courts declaring that Roberts was not on the wrong side of the race-track, that staff of the golf course had no other way to enter with their vehicle, but dust kicked up on the track made it difficult to see.

His sentence was reduced to four months imprisonment suspended for one year, and the fine was reduced to €1,500.

Following the criminal proceedings, Busuttil initiated civil action against Roberts for damages caused, claiming that the latter caused the accident through non-observance of the rules and reckless driving, while also claiming that he suffered material and actual damages. Busuttil asked the Civil Court to declare Roberts’ responsibility for the incident, to value the damages caused and have Roberts pay-up for those damages.

Mr Justice Silvio Meli, presiding over the case, referred to testimony delivered by a witness during criminal proceedings where it said that Roberts was certainly speeding excessively for the situation he was in.

A medical expert was nominated who confirmed that Busuttil had suffered grievous injury, and it was also calculated that as a result of the accident, he now suffers a 20 per cent disability