A 26-year-old driver has managed to avoid jail time after being handed a suspended sentence for a traffic accident that resulted in the death of a 40-year-old pedestrian in 2016. 

Jonathan Hili deemed that the victim was partly responsible for the accident due to his own negligence when crossing the road.

The incident happened at 6.30am during the summer of 2016 when Hili, driving his Toyota Passo on Triq il-Marfa in Għadir, ran over a pedestrian as he was crossing the street with his 10-year-old daughter while on a camping trip in the area. 

The father-of-two was pronounced dead on site.

According to court reports, the pedestrian was obstructed from the driver’s view due to overgrown foliage that covered the pavement. This led to the father and daughter stepping down onto the road and in the path of danger. 

A court-appointed expert later confirmed that the pedestrian and his daughter had walked in a danger zone.

The court deemed that sufficient evidence had been provided to pursue criminal charges against Hili. However, it also recognised that, if the driver had a better view, the tragic incident could’ve been avoided.

Taking into consideration the victim’s own negligence, the court concluded that the case did not merit jail time and sentenced Hili to a one-year jail time suspended for three years and a six-month driving ban.

Hili was also ordered to pay €2,956 in court expert expenses.

Following the accident, the overgrown vegetation had been trimmed and traffic lights were installed in the area.

Lawyers Franco Debono and Jason Azzopardi defended Hili.

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