Man’s sentence halved due to victim’s contributory negligence

A man sentenced to two years imprisonment for causing the death of a motorist who crashed into his crane has had his sentence halved on appeal.

The basis of the reduction in sentencing was due to the victim’s contributory negligence.

The incident took place on 6 October 2007, when Baskal Saliba, 61, from Gozo, set up a crane in Għajn Qatet Street, Victoria, without first getting the required council permit.

The following morning, at roughly 4am, a car being driven by Sammy Spiteri collided head on with the base of the crane, causing the structure to tilt sideways. The car, a Mitsubishi Lancer, was smashed after the concrete blocks serving as counterweights fell onto the roof, crushing the driver.

Following the incident, Saliba had been arraigned in court for having, through negligence and non-observance of regulations, caused the death of the victim. He was also charged with damaging third-party property.

The courts found him guilty and sentenced him to two years imprisonment last July, also ordering him to pay court expenses amounting to €1,829.

In the appeal, the accused argued that Spiteri, the victim, was under the influence of ecstasy when he crashed into the crane.

An autopsy had confirmed that there were traces of ecstasy in the victim’s system. It also confirmed that the cause of death as a perforated lung. Saliba’s defence team argued that the victim put himself in danger by placing himself behind the wheel while under the influence of ecstasy.

Chief Justice Silvio Camilleri, presiding over the case, confirmed the conviction reached by the first court, chastised the accused for considering himself to be above the law by not acquiring the necessary permit.

The Court of Appeal confirmed the guilty sentencing, and reduced the sentencing due to the victim’s contributory negligence.

Inspector Josric Mifsud prosecuted.