Three Gozo Ministry officials charged with the involuntary homicide of a man who died while at work last year will not be suspended, upon the specific request of the ministry, Times of Malta has learnt.
A spokesperson for the Gozo Ministry said that when the Permanent Secretary had been informed that three officers will be brought to court in connection with the incident, he wrote to the Public Service Commission recommending that they should not be suspended pending judicial proceedings, given the involuntary nature of the charges and their “exemplary record”.
The three employees are Joseph Cutajar, 43, from Victoria, director of EcoGozo; Vicky Xuereb, 43, from Munxar, the director general of the ministry’s strategy and support division; and Joseph Xuereb, 54, from Xewkija, the Gozo Ministry’s day-to-day manager.
They appeared before Magistrate Leonard Caruana charged with causing the death of Carmel Attard, a 52-year-old maintenance worker from Xewkija who died after the ceiling of a public toilet in Dwejra, Gozo, collapsed on him as he carried out works just after 9am on March 18 last year.
They were charged both in their personal capacity as well as in the public role in which they serve.
Apart from the involuntary homicide charge – which alone carries a maximum penalty of four years imprisonment or a fine of not more than €11,646 – the three stand charged with a raft of breaches of the Occupational Health and Safety Authority Act.
The three pleaded not guilty and the next sitting will be held next month.
The story was first revealed by The Shift News. The three were charged last month by court summons rather than under arrest, as is normally done.
The ministry spokesperson confirmed that the Public Service Commission had welcomed the recommendation of the Permanent Secretary and the workers are reporting for work as if there were no criminal charges issued against them.
Attard, a father-of-two, was a Community Worker Scheme employee. He was an active citizen in his hometown, particularly in religious festivities and the feast of St John the Baptist.
The three senior ministry officials stand accused of failing to ensure the proper health and safety of their Attard, failing to give him proper training, failing to carry out a health and safety risk assessment and failing to provide safety equipment.
The charges were issued after a magisterial inquiry, carried out by Magistrate Bridgette Sultana, concluded that there had been negligence and that the employers and Attard’s direct superiors had a criminal case to answer to.