The Court of Appeal has fully upheld the conviction and sentence of the driver responsible for the fatal collision that killed motorcyclist Alexandros Markides on the night of 18 December 2019 on Ilias Kannaourou Street in Ypsonas, Limassol.
The driver had appealed both his conviction for causing death by reckless or dangerous act (Article 210 of the Criminal Code) and the 16-month prison sentence, 8 penalty points and 12-month driving ban imposed after his release.
What happened
In darkness and on a road with poor lighting, the driver overtook another vehicle across a solid white line without indicating. At the same moment, Markides was travelling in the opposite direction on a motorcycle with no lights and without a helmet. The two vehicles collided head-on. Markides died from his injuries.
The driver admitted crossing the solid line but denied the more serious charge of causing death by reckless act.
First-instance ruling
After hearing three prosecution witnesses (two traffic investigators and the passenger of the car being overtaken), the trial court found the driver guilty beyond reasonable doubt. It ruled that overtaking in those conditions – at night, in a built-up 50 km/h zone, across a solid line – created a serious and obvious risk that a reasonable driver would never have taken.
The court accepted that the victim’s own negligence contributed but held that it did not break the chain of causation. The driver’s illegal manoeuvre remained the substantial and operating cause of the death.
Appeal arguments dismissed
The appellant claimed the trial judge misunderstood police evidence on visibility and that no reasonable driver could have foreseen an unlit motorcycle coming the other way.
The Court of Appeal rejected every ground. It found the first-instance judgment was based on consistent, professional and uncontradicted evidence. It stressed that the duty of care is not limited to what is likely or usual; a driver who chooses to enter the opposite lane at night in prohibited circumstances must accept responsibility for whatever may reasonably be present – even an unlit vehicle.
The court reaffirmed that contributory negligence by the victim does not absolve the person who created the dangerous situation in the first place.
The appeal against sentence was also dismissed. The Court of Appeal agreed that road deaths require deterrent sentences and that the 16-month term was proportionate despite the driver’s previously clean record and subsequent health problems.
With this ruling, the conviction and full penalty are now final.
Also read: Motorcyclist in critical condition after colliding with lorry in Larnaca
For more videos and updates, check out our YouTube channel https://www.youtube.com/@sigmaliveen.
