Sliema site manager acquitted of construction breach after BCA no-show

A site manager accused of breaching construction regulations at a prominent Sliema site has been acquitted, after the BCA, which filed the original complaint, failed to show up in court.

Lisa Umberto faced charges dating to 2020 relating to construction works at 70 Tower Road, at the corner with Qui-Si-Sana. 

It was alleged that in her capacity as site manager, Umberto had failed to ensure the works were covered by the mandatory insurance policy or bank guarantee.

Furthermore, she was accused of failing to fulfil environmental regulations, specifically regarding taking precautions to minimise inconveniences to neighbours and preventing damage to third-party properties.

During the proceedings, the defence argued that the case should be dismissed outright because the specific regulations underpinning the charges had since been revoked.

Magistrate Antoine Agius Bonnici rejected this argument, clarifying that the revocation of regulations does not automatically bring an end to ongoing criminal cases.

However, the prosecution's case fell apart upon review of the evidence.

The court noted that the prosecution’s sole submission was an affidavit that merely referenced a complaint originally filed by the Building and Construction Authority (BCA).

The BCA failed to show up in court. No representative from the authority attended the sitting, and no supporting documentation or evidence was presented to the court to substantiate the claims.

Citing a total lack of evidence to support the allegations, Magistrate Agius Bonnici found Umberto not guilty and acquitted her of all charges.

Lawyer Matthew Xuereb appeared for the site manager.