Man guilty of ‘reckless’ driving and of causing death of mother, fined €80, 350 hours community work
A 25-year-old man has been ordered to pay an €80 fine and 350 hours of community work after he was found guilty of perilous and negligent driving, and therefore involuntarily causing the death of Rosianna Azzopardi, the mother of a baby. His license was suspended for three months.
The head-on collision took place on 9 July 2010, on John Houel Street, Naxxar at about 5.30am. A court expert found that while the roads were damp with condensation, the weather was clear and visibility was good. The collision took place at a spot where the Birguma Bypass turns to the left just after a roundabout. Ms Azzopardi was taking her baby to her mother before she went to work.
From calculations made, it was found that Matthew Barbara was driving at a speed of roughly 105km/hour. It transpired that he was 18 at the time and only had his license for a few days.
Mr Barbara was found by the courts to have been responsible for the accident “without any reservations”, which commented that he did not consider that a car that can be used as a “weapon” and must be driven with “skill”. During the accident, Mr Barbara’s car flipped onto its side, and slid down the road slamming into Ms Azzopardi’s vehicle
In the judgment, the court had harsh words about the accused’s excuse that, where his defence argued that he was “inexperienced and immature about the consequence of driving a car”, questioning whether this could even be called an excuse.
Ms Azzopardi died on impact, however the baby, who was appropriately strapped in, escaped unharmed.
The court expert declared Mr Barbara’s driving to be “negligent, perilous and reckless”.
Magistrate Antonio Micallef Trigona, presiding over the case, found that in view of the accused’s declaration that he has no objection to carrying out community work, and that a prison term would not be ideal for the current circumstances.
It condemned Mr Barbara to pay an €80 fine and 350 hours community work.