Two developers of the construction site where Jean Paul Sofia lost his life are calling on six State entities to join the suit for damages instituted by the victim’s parents, citing failures identified in the inquiry.

The legal move was made by Matthew Schembri and Kurt Buhagiar, together with their companies AllPlus Ltd and Whitefrost Ltd, in proceedings instituted by Isabelle Bonnici and John Sofia against them as well as against the architect of the project Adriana Zammit and contractor Milomar Jovicevic and his wife Dijana Jovicevic. 

The parents filed their civil claim a year after the tragic incident at the Corradino Industrial Estate in December 2022, where the projected timber factory under construction collapsed and buried their 20-year-old son under the rubble. 

His lifeless body was discovered “at the farthest point away from the rescuers and the most dangerous part,” the Civil Protection Department director general testified in parallel criminal proceedings where the developers, architect and contractors are being charged with involuntary homicide. 

All five are pleading not guilty.

Sofia’s body was pulled out by civil protection officers in the very early hours of the following morning at the end of a 14-hour search and rescue operation. 

Five other workers who were at the upper level of the building were also injured, three of them seriously, but they survived and were rescued earlier in the operation. 

The tragic incident triggered a public outcry and widespread calls for a public inquiry to examine the possible acts or omissions that could have led to the fatality.

The findings of the inquiry board, incorporated in a 484-page report published on February 28, flagged multiple failings in a number of state authorities.

Now, Schembri and Buhagiar want to call six of those entities into the lawsuit in which they are being sued for material and moral damages by Sofia’s parents. 

The developers’ lawyers filed an application to that effect before the First Hall, Civil Court, presided over by Madam Justice Joanne Vella Cuschieri, who is hearing the case for damages. 

They cited extracts from the inquiry report which identified failures committed by Malta Enterprise, Indis Malta Limited, the Occupational Health and Safety Authority, the Building and Construction Authority, Planning Authority and Malta Competition and Consumer Affairs Authority.

In its conclusions the public inquiry board, chaired by Ombudsman and Judge Emeritus Joseph Zammit McKeon, had flagged “most serious shortcomings which had a determining effect on Jean Paul Sofia’s case”. 

The board highlighted the fact that the Corradino construction site fell under no authority’s radar.

The project was not covered by a Full Development Application under the pretext that a DNO applied in the circumstances. That also meant that there was no method statement.

There was no obligation to bring such DNO to public attention. All that was called for at the time of the Sofia incident was a commencement notice to the Planning Authority. 

It was only when the public inquiry got underway that the procedure was tweaked to introduce a notice to the OHSA and BCA. 

In its strongly worded conclusions, the board observed that every chairperson or top official of each state entity put forward one identical argument when summoned before the inquiry. 

“We have nothing to do with this case,” each of the state entities claimed, their replies “litany-like,” remarked the board. 

No one shouldered the least responsibility. Not a single entity bothered to ask, “Why didn’t we carry out a single inspection at this site?” stressed the board when wrapping up its observations. 

In light of such considerations, the developers are now requesting the court presiding over the case for damages to scrutinise the acts and/or omissions by these six state entities.

And for this reason, they have asked the court to uphold their request for all six authorities to join the suit, without prejudice to other rights reserved to the developers. 

Lawyers Franco Debono, Arthur Azzopardi, Marion Camilleri and Keith Borg signed the application.