The Occupational Health and Safety Authority had not been notified of the development taking place at the Corradino site where Jean Paul Sofia was killed just over a year ago, a court heard on Tuesday.
Three officers testified about their role in the investigation carried out by the authority following the incident, when the brick structure that was meant to be a furniture factory collapsed “domino-like” killing the 20-year-old worker and injuring four others.
Details emerged during the compilation of evidence against developers Matthew Schembri and Kurt Buhagiar, project architect Adriana Zammit and contractors Milomar and Dijana Jovicevic. They all deny involuntary homicide as well as causing grievous injuries to the other workers.
Four workers had been laying concrete on the roof of the building when it collapsed in six seconds on December 3, the concrete pump still in place on one side of the structure.
Those four were located and rescued but a fifth - Sofia - remained trapped inside. His body was discovered later at around 2am the following morning.
A magisterial inquiry later found the timber factory that was being built had structural design flaws and bad workmanship.
Investigations by OHSA immediately kicked off with an email sent to INDIS requesting information about the contract relative to that site at the Corradino Industrial Estate.
The building was traced to Allplus Limited whose directors were Matthew Schembri and Kurt Buhagiar.
Research on the authority’s database did not trace any notice about the start of construction works.
In fact, OHSA was not informed that there was to be any development.
One of the witnesses explained that, normally, a client would task a project supervisor to oversee the works and notify the authority about the development some four weeks prior to the works starting.
That supervisor would also prepare documentation for the contractor handling the project and monitor health and safety during the works.
However, in this case, the authority was not informed that a supervisor had been appointed.
Investigations continued to find out who Sofia worked for and also to determine the employment status of the other workers.
They discovered that Sofia was employed at Whitefrost Company Ltd whose director was also Schembri.
One of the other workers was listed on Milmar Ltd’s books, but the other three appeared to be unemployed since they were not traced to any employer’s books.
The health and safety officers then set up meetings with Schembri and Buhagiar as directors of Allplus and Schembri as director of Whitefrost as well as the Jovicevic couple, as directors of Milmar Ltd.
Milomar and Dijana Jovicevic were assisted by their lawyer and opted for silence, whereas the others refused legal assistance but also opted for silence.
The OHSA had also sought permission to attend the magisterial inquiry into the incident but that request was turned down.
While conducting their own investigation, officers tried to contact the other victims but all letters sent abroad proved futile.
Those letters, together with the relative tracking records, were presented in court on Tuesday.
The third officer said that his role was purely administrative.
He was the first from OHSA to reach the incident site that day and his job was to update then CEO Mark Gauci with proceedings on the ground.
But he never spoke to any of the accused and was not involved in the investigation.
The case before Magistrate Rachel Montebello continues.
Inspectors Paul Camilleri and Antonello Magri prosecuted. Lawyers Franco Debono, Arthur Azzopardi and Jacob Magri are assisting the developers. Lawyers Giannella de Marco and Stephen Tonna Lowell are assisting the architect. Lawyer Timothy Bartolo is assisting the contractors. Lawyers Joe Giglio and David Bonello are appearing parte civile.