Six Wasteserv employees, including the CEO, were taken to court on Tuesday and accused of involuntary homicide following the death of a worker near the elevator of the incinerator in Marsa in May 2022. He had suffered lacerations to his throat. 

CEO Richard Bilocca, 39, Ryan Mark Cachia, 35, an engineer, Stefan Salamone, 42, health and safety manager, Ryan Cauchi, 32, facility manager, Aylin Fleri, 32 and Sylvan Borg, 52, health and safety officers all pleaded not guilty to involuntary homicide. Cachia, Cauchi and Bilocca were additionally charged with breaching occupational health and safety laws. 

The six men were identified in a magisterial inquiry which had concluded that there was enough prima facie evidence for criminal proceedings.

Magistrate Elaine Rizzo, who conducted the inquiry, laid out the health and safety failings identified by court experts. Among other things, the lift hatch had no guards, mesh or protective features in place.

The inquiry report noted that Bilocca testified that the machinery was not “childproof” and attributed the death to an “act of stupidity”.

Ellul, who used to operate machines at the thermal treatment facility, died when he stuck his head in the hatch to check a piece of equipment that was not functioning properly, according to court experts.

During Tuesday's short court sitting before magistrate Gabriela Vella, the defence contested the nomination of a court expert in the magisterial inquiry. The court ordered notification of this application to the prosecution and the victim family's lawyers who are to file a reply. 

The case was deferred to October. 

AG lawyers Ramon Bonett Sladden and Sean Gabriel Azzopardi prosecuted. Lawyers Stephen Tonna Lowell, Arthur Azzopardi, Michael Sciriha, Lucio Sciriha, Stefano Filletti and Maurice Meli are assisting the defendants. Lawyers Franco Debono and Francesca Zarb are appearing for the victim's family.