Construction magnates Polidano Brothers and one of their employees were cleared over a workplace accident in which a crane operator was grievously injured when the machine hit electricity cables in Ċirkewwa. 

The incident took place on April 30, 2011, at around 10.30 am when the victim was unloading nine concrete jersey barriers from a truck, having waited for a few minutes until it stopped raining. 

Another worker who was inside the truck later recalled feeling the vehicle vibrate as he suddenly heard a sharp crack “like a lightning bolt.” 

Luckily, he managed to jump out of the truck, narrowly escaping electrocution. 

The electric current flung his fellow worker onto the ground, causing a hole in the road surface and bursting the truck's tyres.

The injured victim was rushed to hospital in critical condition. 

He recovered and subsequently testified in criminal proceedings against his bosses, Carmel and Paul Polidano, as well as site manager Peter Paul Caruana and health and safety consultant Joseph Camilleri who were charged with causing the incident through negligence and non-observance of health and safety regulations.

All pleaded not guilty. 

The court heard various testimonies which clearly showed that Polidano Brothers had provided the victim with adequate training. 

In fact, he had attended and successfully completed a course organized by the Chamber of Architects on how to operate a crane, also focusing on the measures to be taken when the heavy machinery was operated in close proximity to an electric current. 

The victim had been working as a truck driver and crane operator for Polidano Brothers for a year and a half before the incident.

That day he had been tasked with transporting the concrete barriers from the area of the Riviera Hotel to Ċirkewwa Road to block entry while a Transport Malta project was underway. 

That project had been contracted out to his bosses. 

Halfway through the task, the victim was standing on a metal stool to operate the controls of a Leyland ERF crane, when trouble struck.

He took a work call on his mobile and returned to the job.

He later explained that he had looked up and reckoned that the tip of the machinery was some “ten inches” away from the overhead electricity cables. 

But as soon as he touched the controls, he got an electric shock. 

A court expert later reported that “there was a level of negligence by [the injured party]” because after receiving adequate training, he ought to have known well enough that he did not need to extend the boom of the crane the way he did.

Had he not done so “he would never have suffered an electric shock,” said the expert. 

However, although there was a degree of negligence on the part of the victim, the court observed that that did not necessarily exonerate the accused. 

Dealing with the responsibility of each of the four co-accused, Magistrate Claire Stafrace Zammit concluded that the employers had done everything possible to make sure that the victim worked in a safe environment. 

That included appropriate training. 

Health and safety experts were also engaged to draw up a risk assessment plan. 

At the time of the accident, Caruana was not yet responsible for health and safety.

A letter presented in evidence proved that he took on that responsibility on May 19, 2011, namely after the incident. 

As for Camilleri, who testified that he was only involved at the construction stage, the court observed that as health and safety consultant, he was expected to involve himself in discussions on the project. 

The court expert explained that if Camilleri had read the health and safety report he would have realized that the area at Ċirkewwa presented some danger. 

In fact, the risk assessment plan clearly advised the health and safety officer to “notify the client sufficient time in advance to remove, isolate or relocate overhead power lines….when the undertakings involve a risk of electrocution or damage caused by direct contact of equipment or installation.”

Yet, Enemalta had received no request to interrupt the power supply in that area while the works were ongoing. 

When all was considered the court cleared the Polidano brothers and the site manager of all criminal responsibility, but pinned the blame upon the health and safety project supervisor commissioned by the contractors.

He should have warned the contractors to communicate with Enemalta to remove the power supply during the works.

The court fined Camilleri €2500 for the involuntary harm caused to the victim. 

Lawyers Michael Sciriha and Lucio Sciriha were counsel to the Polidanos.

Lawyers Vince Micallef and Jacob Portelli were counsel to Caruana.

Lawyer Norma Vella Bardun was counsel to Camilleri.