The owner of a now-demolished Qawra hotel who failed to remove the dangers posed by his derelict property has been held criminally responsible for the death of a blind tourist who plunged into its front garden below street level six years ago. 

The body of Dennis Reid Monaghan from Glasgow was discovered on the blood-splattered ground in May 2017, prompting a call to the Qawra police station at around 6.30am. 

A police sergeant who was on duty that day and rushed to the site at Triq ir-Rizzi corner with Triq it-Tamar, later recounted how he had found the victim lying in the front garden of the then-abandoned Palm Court Hotel, some five courses below street level. 

A white walking stick indicating that the victim was visually impaired lay nearby. 

Further investigations showed that the incident must have happened before sunrise.

Soon after the discovery, Albert Borg arrived at the scene, telling the police that he was the owner of the dilapidated building.

Investigations kicked off to discover the identity of the victim who was certified dead on site. 

As police questioned people at commercial establishments in the area, a beverages manager at a club said that he had seen the tourist on the eve of the fatality. 

The man was ultimately identified Reid Monaghan, from Glasgow, who had been staying at a hotel close to the site where he met his fate. 

Borg, as owner and sole director of Palm Court Hotel, was subsequently charged with having involuntarily caused the tourist’s death by failing to take the necessary precautions to eliminate the dangers posed by his abandoned property. 

Hotel was ordered to cease operations

When testifying in the proceedings, prosecuting Inspector Godwin Scerri said that he had checked at the Malta Business Registry and confirmed that Borg, now 76, was the owner and sole director of the Qawra property at the time of the fatal episode. 

The hotel had ceased operations upon orders by public health authorities and was subsequently targeted by a series of vandal attacks as it lay abandoned for many years, gradually deteriorating but still accessible.

Borg had been warned several times to take all necessary precautions to block access to his property, the court was told. 

In court, his defence sought to ward off responsibility by arguing that Palm Court Ltd - the company owning the property - had leased the property to Qawra Inn Ltd that was responsible for the day-to-day running of the hotel. 

However, in his police statement, Borg had admitted that he was the managing director and secretary of both companies. 

The court, presided over by Magistrate Claire Stafrace Zammit, turned down the defence’s argument, observing that a person could not shirk his duties and responsibilities to act as “bonus pater familias” (“a good family man”.)

That legal concept was the yardstick applied to determine negligence, by assessing whether a reasonable person would have acted differently in the given circumstances and whether the damage was reasonably foreseeable and avoidable. 

Owner had considered building wall

Reference was made to article 136A of the Companies Act where that concept - equivalent to the standard of care adopted by a reasonable man - was also applied to company directors.

Moreover, Borg was referred to as the hotel owner in correspondence that was produced in evidence, the court observed. 

In his statement, Borg admitted that he had previously considered building a wall around the abandoned property to shield it from vandalism.

But he had later changed his mind, deeming the task useless since vandals were bound to get in anyway. 

His architect had told him that such a structure would also require a MEPA permit. 

When assessing the evidence put forward, the court observed that the victim could not give his version, while the accused chose not to testify. 

No third parties had witnessed the incident. 

The prosecution had to prove the link between the victim’s death and the accused’s negligence in such manner that such “culpable” failure was the immediate cause of death and amounted to criminal misconduct. 

A medico-legal forensic expert appointed by the inquiring magistrate had concluded that the absence of a boundary wall made it easy for the pedestrian to fall into the front garden of the hotel. 

Accused’s behaviour resulted in ‘death through negligence’

Another expert, an architect, likewise confirmed the absence of a railing around the front area of the abandoned building and observed that the situation had persisted for many years. 

Based on the prosecution’s version, those expert conclusions and circumstantial evidence, the court analysed the legal elements making up the offence of involuntary homicide.

A crucial factor focused upon by case law on the subject was the foreseeability of the harmful consequences of the accused’s actions.

When applied to the evidence in this case, the court had “no doubt” that Borg was negligent in his duties as director to see to the state of his property.

He was not only aware of the danger but had even considered taking precautions.

Borg had considered applying for a permit to construct a wall but then did not pursue his plans. 

When all was considered the court concluded that he “and he alone” was to answer for his behaviour which had resulted in death through negligence since he had failed to ensure that his property did not pose any dangers to the public. 

Borg’s failure was the direct cause of the victim’s death. 

When meting out punishment, Magistrate Stafrace Zammit considered all the circumstances of the case, including the fact that the aggravating factor of recidivism was not proved and condemned Borg to two years imprisonment suspended for four years.

He was also ordered to pay court expert expenses amounting to €2,890.55. 

Inspector Godwin Scerri prosecuted.