A site where excavation works caused the collapse of a house in Sta Venera, killing a mother-of-two, is not to be released to developers pending the trial of two men involved in the works, a court decreed on Tuesday.
The pronouncement came within hours of applications filed by contractor Ludwig Dimech and builder Nicholas Spiteri requesting clarification after disagreements over a judgment delivered last week.
Fresh works on the site started on Monday and the court on Tuesday said the developers are to be informed of its decree immediately.
Dimech and Spiteri are awaiting trial over the involuntary homicide of Miriam Pace, who was buried under the rubble when her family home collapsed in March 2020.
The Criminal Court had originally decided to release the site to MCZMC Developers Ltd for building works to proceed. But Dimech and Spiteri filed a constitutional case claiming that their fundamental right to a fair trial was breached by the decision. They insisted that jurors should be able to see the site, undisturbed, during the trial.
Last week, Mr Justice Toni Abela upheld their claim and concluded that the applicants’ rights had been breached when the Criminal Court allowed the property’s release in favour of the developers.
But in the second paragraph of the final operative part of its judgment, the court ordered the effects of that decree to be “limited to the property of MCZMC Developers Limited but not in force” in respect of the Pace’s family home and the underlying garage owned by the Sammut family.
Since the Criminal Court had ordered the release of the site, that final part of Mr Justice Abela’s decision triggered controversy with both sides interpreting it in opposite ways.
Dimech and Spiteri’s lawyers filed separate requests for a correction.
On Monday an excavator was seen removing soil and rubble from the site.
On Tuesday the court upheld the applicants’ request, rephrasing that particular paragraph and declaring that while Pace and Sammut as owners of the collapsed house and underlying garage were having their properties released to them, the adjacent site was not being released to the developers. Pace and Sammut cannot do anything that disturbs the site adjacent to their properties.
The judge further stated that this decree is to take immediate effect and is to be notified to all the parties without delay.
Lawyers Michael Sciriha, Roberto Montalto and Roberto Spiteri are assisting Dimech.
Lawyers Franco Debono and Marion Camilleri are assisting Spiteri.