A contractor has been fined €10,000 for involuntarily causing the death of an 18-year-old plasterer who fell to his death when a rope suspending a plank he was standing on snapped. 

Two others charged over the accident were acquitted after the court concluded there was not enough evidence linking them to the incident.

Syrian national Kasim Ibrahim had been plastering a third-storey wall at the Vincenzo Borg Brared Boy’s Secondary School in Ta’ Paris on August 1, 2014, when he fell. He died in hospital soon after.

“This unfortunate accident also happened because the victim was working on a site where danger lurked around every corner,” the court ruled as it noted that the site was riddled with safety hazards such as unsafe scaffolding and missing handrails. 

Three men were charged over the accident.

These included Christopher Schembri, the director of World Plastering Limited, which was awarded the tender to carry out plastering workers at the school. 

He was charged with subcontractors Ahmed Ali and Fahed Ajjan.

They all faced 15 counts of criminal negligence and failure to ensure adequate health and safety evaluations.

Magistrate Claire Stafrace Zammit heard how, on the day of the accident, police were informed that a man had fallen three storeys when a rope snapped.

It turned out that the company - of which Schembri was director - was awarded the tender for the works that the victim was carrying out. However, Schembri claimed that the victim was employed by the two subcontractors and not directly by his company.

But the magistrate noted that this did not emerge from any evidence produced in court.

A representative from the Occupational Health and Safety Authority said that the harness which the victim was meant to be wearing was found by police on the roof.

He also noted that the site had various other safety shortcomings. These included a lack of handrails, unsafe scaffolding and stones left lying around.

The court heard how some of the shortcomings had already been flagged via email but Schembri said he did not read emails as he was illiterate.

The court ruled that he should have known they were important and asked someone to see to them.

“Throughout this case, it emerged how the protocol used by people who had an interest in this construction site was dysfunctional and chaotic.

"There was a hierarchy that had to be followed that started from the developer, the project manager and finally the builder and the finishing workers… if one party failed, then tragedy could strike as happened in this case,” the magistrate said as she referred to the chain or responsibility.

She found Schembri guilty but cleared the two subcontractors due to lack of evidence.

Inspector Sandra Zammit prosecuted.

Lawyers Franco Debono, Marion Camilleri, Charles Mercieca and Adreana Zammit appeared for the accused.