The architect responsible for the timber factory that collapsed last December has claimed “contributory negligence” by Jean Paul Sofia since the victim should not have been on site at the time of the incident.

In a civil case, Adriana Zammit, who is facing criminal proceedings over Sofia’s involuntary homicide, rejected claims that she contributed to the incident, insisting that she had always done her job diligently.

Zammit is one of five who are accused of involuntarily causing the death of 20-year-old Sofia in December’s tragedy.

The others are developers Kurt Buhagiar and Matthew Schembri and contractors Milomir Jovicevic and Dijana Jovicevic.

They also stand accused of causing grievous injuries to five workers who were also on the site when the building collapsed. 

In an application filed in the First Hall of the Civil Court, Zammit denied responsibility for the collapse, insisting that the collapse did not happen because of anything she had done or any omission.

She was replying to a civil case filed against her and others by Sofia’s parents, Isabelle Bonnici and John Sofia. Through their lawyers David Bonello, Christine Bellizzi and Matthew Cutajar, the parents are demanding compensation from all those involved in the fatal accident at Corradino.

“[Zammit] has always performed her duties with the diligence expected of her and, therefore, the collapse was not due to any act or omission attributable to her but to the actions and shortcomings of third parties,” she said in her reply to the parents’ court case.

“In addition, there was also contributory negligence on the part of the victim since no one should have been at the place where the incident occurred while the roof concrete was being poured,” she added, insisting that the parents’ allegations were “unfounded in fact and at law”.

She warned the parents to desist from taking further action against her. Zammit’s reply was signed by lawyer Daniel Buttigieg and legal procurator Katrina Zammit Cuomo.

The Corradino industrial estate construction site where Sofia was killed was being developed into a timber factory. Sofia was found dead, buried beneath the rubble following a 14-hour search that ended at 2am.

A magisterial inquiry into the incident found a litany of shortcomings that led to the building’s collapse.

A technical expert forming part of the inquiry reported evidence of structural design flaws and bad workmanship, adding that the construction job was an amateur one.

Various parts of the building at Corradino were not tied together with metal as is normally the case, noted court- appointed Alex Torpiano, a professor in architecture.

Furthermore, the designs provided by the architect did not include instructions about the necessary steel reinforcement.

Workers said they never saw a woman on site, meaning they never came across the architect. Zammit appeared to rely on photos sent to her via WhatsApp to keep tabs on progress of works, the report said.

The magisterial inquiry says Sofia was employed by Schembri’s company WhiteFrost Ltd, which ostensibly had no ties to the construction project other than the fact that another of Schembri’s companies, AllPlus Limited, was the developer.

The court-appointed expert said Sofia’s role in relation to the project was vague and questioned how a person not employed by any of the companies involved could have been allowed on site so easily.

In her inquiry report, Magistrate Marse-Ann Farrugia also said that Zammit appeared to have transferred a substantial amount of money and properties in the weeks after the incident although she pointed out that this, in itself, was not a crime.

Zammit, an Infrastructure Malta employee, has since been suspended on half pay for the duration of the proceedings.