The family of a man who died in an incident at a WasteServ incinerator is suing six employees after a magisterial inquiry concluded that they should all face voluntary homicide charges.
Joseph Ellul, 38, from Marsaxlokk, was found dead at the entrance to an elevator near the abattoir in Marsa at around 9am on May 10, 2022. He had suffered lacerations to his throat.
His mother and sister are also suing the company for damages following the findings of the magisterial inquiry, which said there was enough prima facie evidence to institute criminal proceedings for involuntary homicide.
A judicial letter filed by Pasqualina Ellul and Carmen Bonnici follows a similar letter filed in December against the company and the director general of the public abattoir, Stefan Cachia.
The fresh judicial letter has been filed against WasteServ, the director general of the public abattoir and the six WasteServ employees named by the inquiring magistrate: chief executive officer Richard Bilocca, company workers Ryan Mark Cachia, Ryan Cauchi and Aylin Fleri, and health and safety officials Stefan Salamone and Silvan Borg.
Ellul, who used to operate machines at the thermal treatment facility, died when he stuck his head in a hatch to check a piece of equipment that was not functioning properly, according to court experts.
The inquiry, led by Magistrate Elaine Rizzo, clearly laid out the health and safety failings identified by court experts. Among other things, the hatch had no guards, mesh or protective features in place.
The report notes that Bilocca testified that the machinery was not “childproof” and attributed the death to an “act of stupidity”.
Last month, former Nationalist MP and lawyer Jason Azzopardi published the findings of the magisterial inquiry, claiming that the attorney general’s office had spent a year sitting on the magistrate’s advice to prosecute the six people for their alleged involvement in the incinerator incident.
The inquiry also recommended that a number of witnesses be prosecuted for perjury as it believed they had lied under oath, to cover up what actually happened and derail the investigation.
According to the inquiring magistrate, all six ought to be charged with involuntarily causing Ellul’s death through breaches of health and safety regulations.
Cachia, Cauchi and Bilocca should also be charged with failing to take precautions to prevent such incidents, in breach of the criminal code, the magistrate said.
Ellul’s mother and sister, through their lawyers, Franco Debono, Marion Camilleri and Francesca Zarb, are now demanding that the six men, along with the company, pay them damages.
'Steadfastly reject any accusations'
When contacted, a spokesperson for WasteServ said the company’s management and the employees concerned had not yet been informed of any judicial letter.
She added that, while WasteServ is unable to comment on the incident since legal proceedings are under way, the company’s management and employees “steadfastly reject any accusations – directly or indirectly – that they were responsible for their colleague’s tragic death.”
“Joseph Ellul died as a result of an unforeseeable accident, which left employees shocked and traumatised by the death of their valued colleague. WasteServ continues to express full solidarity with the victim’s family for the tragic loss,” she added.