Bus driver aquitted of injuring passenger in crash
Cause of incident ruled a mechanical fault
A bus driver has been absolved of responsibility for an accident which caused a female passenger grievous injuries.
Jesmond Sghendo of Msida had been charged with dangerous driving and involuntarily causing injury after the bus he was driving had crashed into an electricity pole in Attard.
The accident caused around €3,100 of damage to the electricity pole and a female passenger required stitches to her forehead.
In a judgment which examined salient points in case law relating to criminal liability, Magistrate Josette Demicoli said she could not find any.
The victim had testified that she had been sitting in the front of the bus but could not remember the details of the incident.
She had told police that “I was on the bus driving from Mount Carmel Towards Valletta when I heard a big noise, the bus hit the pavement and we crashed.”
The accused had also testified, telling the court that he had been driving the older model of bus in service at the time.
As he approached a bend, he had turned the steering wheel but the vehicle had crashed into an electricity pole. Arriva had paid for the damages caused to the pole and the crash barrier.
No mechanical examination of the bus was carried out.
Magistrate Demicoli ruled that from the evidence produced there was insufficient proof to convict the accused. She noted that the victim had also heard a bang before the impact and that this had corroborated the accused’s version.
It was probable that the cause of the accident was a mechanical fault which was not attributable to the accused, said the court.
Sghendo was cleared of all charges. Lawyer Charlon Gouder was defence counsel