Development on a construction site next to a house that collapsed, killing Miriam Pace in 2020, can continue after its present state is preserved through video footage and photographs, a judge has ruled.

Madam Justice Consuelo Scerri Herrera ordered the release of the site in Ħamrun and that photographic evidence be taken next week.

Work on the large-scale construction project on Triq Joseph Abela Scolaro ground to a halt on March 2, 2020 after the 54-year-old woman was buried under the debris of her family home.

Her death prompted an outpouring of public grief and anger as well as promises of reform in the sector.

The remains of Miriam Pace's home (left) and the rubble directly abutting the dividing wall was the subject of discussions during an on-site visit on Wednesday. Photo: Chris Sant FournierThe remains of Miriam Pace's home (left) and the rubble directly abutting the dividing wall was the subject of discussions during an on-site visit on Wednesday. Photo: Chris Sant Fournier

Two architects have been found guilty of involuntary homicide over the house collapse and were each handed a suspended jail term along with 880 hours of community work.

The pair had originally faced charges alongside excavation contractor 37-year old Ludwig Dimech and 42-year old builder Nicholas Spiteri, who have opted to have their case heard by the criminal court.

Madam Justice Scerri Herrera carried out a site visit on the Ħamrun site on Wednesday following a request made by Dimech’s defence team who asked the court to appoint an expert to analyse marks on the wall directly abutting Pace’s residence before the site is released.

Lawyers for the family of the victim, as well as her widower, Carmel Pace, joined the visit. 

Dimech wants the court to examine marks made by the pneumatic drill which had been operating at the site, in a bid to prove that the drill was not used on that wall.

Miriam Pace's widower, Carmel, and his lawyer David Bonello, were present during an on-site visit on Wednesday. Photo: Chris Sant FournierMiriam Pace's widower, Carmel, and his lawyer David Bonello, were present during an on-site visit on Wednesday. Photo: Chris Sant Fournier

The request during a pre-trial hearing on Tuesday prompted the judge to order an on-site visit. It is understood that all parties gave their consent to the release of the site in question.

The judge, accompanied by lawyers representing Dimech and Spiteri as well as lawyers representing the Pace family and MCZMC Developers Ltd, visited the site to assess the situation. The site visit could only happen after the extensive grass that grew on the site in the past three years was removed.

Sources said this exercise had to be delayed since a permit from the Environment and Resources Authority had to be obtained before the grass could be removed, due to the discovery of some protected species.

There was agreement among the prosecution and defence teams that video and photographs will be taken next week before the site is released. These can then be shown to jurors chosen to form part of Dimech and Spiteri’s trial by jury.

Madam justice Consuelo Scerri Herrera, lawyers, the contractor and builder visited the site on Wednesday. Photo: Chris Sant FournierMadam justice Consuelo Scerri Herrera, lawyers, the contractor and builder visited the site on Wednesday. Photo: Chris Sant Fournier

Architects, Roderick Camilleri, 38, and Anthony Mangion, 74, had been also found guilty of involuntary damage to third-party property but were spared a jail sentence by the Magistrates’ Court view of their clean criminal record.

Camilleri was condemned to 480 hours of community work “to give something back to society” and a fine of €10,000.

Mangion, as site technical officer, was ordered to perform 400 hours of community work and fined €8,000.

They had originally been spared a prison sentence and given community work. But on appeal, Camilleri was condemned to a two-year jail term suspended for two years, whilst Mangion, was condemned to a 15-month jail term suspended two years after being found guilty of having been away from the site where the construction works were taking place, a charge over which he had been acquitted by the first court.

AG lawyers Anthony Vella, Abigail Caruana Vella and Etienne Savona are prosecuting.

Lawyers Joe Giglio and David Bonello represented the victim’s family.

Lawyers Michael Sciriha, Roberto Montalto and Franco Galea are representing Dimech, while lawyers Franco Debono and Marion Camilleri are defence counsel to Spiteri. Lawyer Michael Grech is representing MCZMC Developers Ltd. 

Sign up to our free newsletters

Get the best updates straight to your inbox:
Please select at least one mailing list.

You can unsubscribe at any time by clicking the link in the footer of our emails. We use Mailchimp as our marketing platform. By subscribing, you acknowledge that your information will be transferred to Mailchimp for processing.