Miriam Pace site can be released as court rules contractor's rights not breached
The mother-of-two was killed in a house collapse in March 2020
The Constitutional Court has ruled that a contractor's rights were not violated when the Criminal Court allowed the release of a Santa Venera construction site where a fatal house collapse occurred.
It relates to the death of Miriam Pace, a mother-of-two, who was killed on March 2, 2020 when her house collapsed into a site under excavation next door.
The court overturned an earlier decision by the First Hall of the Civil Court, which had blocked the site's release, following a request by contractor Ludwig Dimech, and, later, builder Nicholas Spiteri.
In that December 2023 decision, Mr Justice Toni Abela had accepted Dimech's argument that releasing the site for development would seriously damage his and Spiteri's defence in the criminal case they face. The First Hall of the Civil Court, ordered that part of the site remain sealed off until their trial was over.
Miriam Pace was killed when her house collapsed into a neighbouring site, which was undergoing excavation. Photo: Family handoutThe ruling was appealed by MCZMC Developers, the State Advocate and the Pace family, who filed a cross-appeal.
The Constitutional Court - made up of Chief Justice Mark Chetcuti, together with Mr Justice Giannino Caruana Demajo and Mr Justice Anthony Ellul - upheld several of the arguments raised by the apellants.
It found no breach of Dimech's right to a fair hearing.
The judges ruled that since the site had been photographed and filmed shortly after the collapse, the material was sufficient for the defence. The also observed that the site had already been disturbed during the urgent rescue efforts to find Pace.
In its appeal, the company pointed out that Dimech and Spiteri never objected to the release of the sites, and it was only nine months later in their constitutional application that they did. The State Advocate argued that the site was no longer preserved once a police officer stationed there had been removed.
The court said that one should rest on the conclusions of the court-appointed experts who examined and photographed the site at the time of the incident, rather than a visit years later.
Dimech and Spiteri are awaiting trial, accused of having caused Pace's death.
Two architects involved in the project, Roderick Camilleri and Anthony Mangion, have alread been found guilty of involuntary homicide. They were handed suspended sentences and ordered to carry out a total of 880 hours of community work.
Lawyers Michael Sciriha, Roberto Spiteri and Roberto Montalto assisted Dimech. Lawyer Julian Farrugia appeared for the Police Commissioner, the State Advocate’s Office, and the Attorney General.
Lawyer David Bonello assisted the Pace family. Lawyer Michael Grech assisted MCZMC Developers.