Safety body notified of construction works an hour after fatal Sliema collapse
Construction Notification Form should have been sent in weeks before works began
A safety watchdog was formally notified that construction works had begun on a Sliema building site around an hour after it collapsed, killing a worker, a court has heard.
The safety company sent in a Construction Notification Form – a form which needs to reach the Occupational Health and Safety Authority (OHSA) at least four weeks before works start – an hour or so after the collapse on April 20 last year.
Criminal proceedings resumed on Thursday afternoon against contractors Kurt Galea, 33, and Anthony James Fisher, 42, as well as the director of the company that owned the building (Oratorian Capital Ltd) Luca Miceli Demajo, 33.
They deny the involuntary homicide of Bari Balla, a construction worker and father of six, who died April, 20, 2024 when the roof of a Sliema property on St Ignatius Street, collapsed while he was working underneath it.
On Wednesday, Norbert Ciappara an inspector at OHSA, told the court that the Sliema police informed the authority about the collapse.
He went onsite with the OHSA’s architect, and when he arrived, he was informed that Genti Prodani, the son-in-law of the victim, had been extracted from the rubble.
The Civil Protection Department officials and court experts also arrived on site. The witness did not gain immediate access to the property, since they had to first secure the site.
The roof had not yet collapsed, Ciappara said, adding that from what he saw some trenching works were being carried out on the foundations.
During his testimony, Ciappara explained that an hour or so after the collapse, the OHSA received an email from a company providing health and safety services which contained the Construction Notification Form.
“This should have been sent at least four weeks before the works actually started,” Ciappara said.
Parte civile lawyer Francesca Zarb asked the witness how this usually works, with Ciappara replying that when there is a construction project, a project supervisor is appointed who draws up health and safety plan and sends it to the client or the developer.
The client then sends it to the contractors and this is signed, and submitted with OHSA.
Ciappara also added that the developers did not submit any risk assessments as required by law, following another question by Zarb.
Replying to a question by prosecutor Etienne Savona, the witness said that on the day of the incident he was coordinating with the Building and Construction Authority (BCA) and the inquring magistrate.
His role was to guide them from a health and safety perspective. Once the dangerous structures were removed, court expert, Robert Musumeci entered the property.
Ciappara went twice on site – on the day of the incident and after the site was properly secured.
Superintendent Mario Haber also testified on Wednesday. He explained that when he got to the site, CPD were already there, along with two police officers.
The police spent the morning diverting traffic and coordinated with the CPD.
He explained that the site was secured by July, 5, last year when the police and court expert went into the building.
They could not go into the building immediately to investigating because it was deemed dangerous for them to do so.Haber explained that a canvas was placed on the ground to collect any debris that fell from the remaining ceiling. This helped keeping the ground intact for further investigation.
In July, they removed the debris and the canvas, for Musumeci, forensics and OHSA to analyse the scene.
One of the police sergeants that testified on Wednesday told the court that on the day of the collapse he had to ask people living in the building adjacent to the collapsed one, to leave their apartments since they feared further collapse which would impact the building.
At the end of the sitting, the prosecution and defence made their submissions on two applications filed by Miceli Demajo. One relating to his mobile phone and the other relating to the release of the site. The court is set to deliver a decision in chambers.
The case will continue on May 16.
Magistrate Ann Marie Thake presided over the court.AG lawyers Etienne Savona and Manuel Grech prosecuted.Lawyer Stefano Filletti represented Galea and Fisher.Lawyers Michael Grech, Joe Giglio and Michaela Giglio represented Luca Miceli Demajo.Lawyers Francesca Zarb and Karl Micallef were parte civile.