A magistrates’ court has declared that it will not allow construction works to continue nor machinery to be removed from the site of a fatal Ħamrun house collapse earlier this year, pending judgment.
“You can repair a truck but you cannot bring back a person’s life,” stated Magistrate Joseph Mifsud, voicing aloud his position on two applications filed by defence lawyers assisting four persons currently accused with the involuntary homicide of Miriam Pace.
They are Roderick Camilleri, 36, from Rabat, the project’s architect; Anthony Mangion, a 72-year-old architect from Gżira who served as the construction project’s site technical officer; 36-year-old excavation contractor Ludwig Dimech from Żebbuġ; and 42-year-old construction worker Nicholas Spiteri, from Mqabba.
The 52-year old mother-of-two was buried alive when her home on Triq Abela Scolaro, next door to a massive construction project, collapsed on March 2.
On Tuesday, her husband Carmelo was back in court as the compilation of evidence continued.
This was not the first time, pending proceedings, that the accused sought court authorisation to remove machinery from the building site and go ahead with the works.
“I’ve already expressed my view once, twice, thrice,” said Magistrate Mifsud, making it clear that he had no intention of upholding similar requests before the case ran its course and judgment was delivered.
“I have taken note of the submissions, thought about it and will deny the requests,” declared the magistrate, noting further that the excavator in question was central to the case.
When the compilation of evidence continued on Tuesday, architect Joe Bugeja testified about the need of a geological assessment of the site that was formerly the Pace household, before the block of maisonettes and underlying garages was reconstructed.
The expert explained that the collapsed structure needed to be dismantled carefully, also in view of lateral pressure upon neighbouring property.
Infrastructure Malta representative, Anton Zammit, testified about works that were undertaken in the area of the construction fatality to ensure “good public safety”.
Following upon recommendations by Alex Torpiano, lead architectural expert appointed in the magisterial inquiry, Infrastructure Malta had forked out €17,831 to carry out works at the site of the collapse and also to close off Triq Abela Scolaro to traffic, making sure that no parking was allowed near the site.
Court-appointed experts Daniel Vella and Matthew Grima also presented an update on results obtained after examining materials retrieved from the debris, reporting a 100% match in respect of aluminium fragments lifted from the site and those taken from the excavator.
However, laboratory analysis of pieces of roofing membrane gave similar but not identical results, said the experts, further confirming that they had completed their analysis.
At the time of the incident, the party wall had collapsed, pulling down the property neighbouring the construction site, explained Torpiano.
He was the last witness to take the stand on Tuesday, confirming the detailed report he had drawn up and filed in the records of that inquiry.
The case continues in January.
Superintendent Robert Vella and Inspector Matthew Galea prosecuted. Lawyers Michael Sciriha, Roberto Montalto, Lucio Sciriha and Franco Galea assisted Dimech. Lawyers Franco Debono and Marion Camilleri assisted Spiteri. Lawyers Arthur Azzopardi and Alfred Abela assisted Camilleri and Mangion. Lawyers Joe Giglio, David Bonello and Stefano Filletti appeared parte civile.