Driver fined as court finds pedestrian partly responsible for his own death

A driver who caused the death of a Somali pedestrian in a traffic accident in Marsa three years ago was yesterday fined €5,000 and disqualified from driving for six months.

Warren Chris Frendo, 35, was driving a Fiat Fiorino along Aldo Moro Road at around 2.30pm on 24 March, 2014 when he hit Ismail Yasin Ibrahim. The man died.

Magistrate Aaron Bugeja ruled that although there was negligence on the part of the victim, the cause of the fatality lay primarily with the accused.

Technological evidence showed and eyewitnesses testified that the victim had chosen to cross the four-lane thoroughfare by meandering through the passing traffic, instead of using the pedestrian overhead bridge.

This was “insensible behaviour” by the victim who had put his own life and that of the drivers at risk, the court ruled.

But a videoclip of the accident showed that the accused was driving over the legal speed limit.

The court ruled that it was not “morally convinced” that the accused had been momentarily distracted by the manoeuvre of another driver and had not noticed the victim before the impact.

The court concluded that the accused had suddenly noticed the pedestrian but was driving too fast to avoid the fatality.

The court declared the accused guilty and imposed a fine of €5,000. The man was disqualified from driving for six months and was ordered to pay court expert expenses amounting to €2,581.28.

Inspector Robert Vella prosecuted.