AFM ‘liable for damages’ as Gunner suffers disability

The First Hall of the Civil Court presided by Judge Silvio Meli ruled that the Commander of the Armed Forces is to be held liable for damages sustained by Gunner Joseph Seychell in an accident which goes back to April 4, 2001.

Seychell, together with his wife Joanne are suing the AFM for damages for the incident.

The court heard how Gunner Seychell, who works with the Revenue Security Corps had sustained a four percent permanent disability to his shoulder when he fell into a pothole while on base as he attempted to alight onto a service Landrover.

On the day of the incident, Seychell was about to set off on an armed escort around banks, and since the vehicle was regularly used by other colleagues, he felt the need to check if the breaks were oiled and water in its radiator.

When he was about to alight, he fell into a pothole injuring his shoulder in the process.

The court heard that Seychell had dislocated his shoulder, tore a ligament and ended with a four percent disability in the usage of his arms. Due to his absence from work, he lost two months of full pay.

In its ruling, the Court found that the pothole had been there for almost seven years and the AFM's officials had never seen to repairing it.

But while the court ruled on the AFM's responsibility for Seychell's injury, it hit out at Seychell for not producing enough evidence about his income, despite the case has been ongoing since 2001.

The case has been put off to another date for the court to decide on the damages to be awarded to Seychell.