A magisterial inquiry seven months ago called for criminal prosecution of the  CEO of Wasteserv and a number of staff over the death of a worker, but the attorney general had not done anything about it, lawyer Jason Azzopardi said on Monday.

Joseph Ellul, 38 of  Marsaxlokk was found dead at the Wasteserv incinerator on May 22 last year.  He had lacerations to his throat.

Writing on Facebook, Azzopardi posted a screenshot of a document saying it was an excerpt from the conclusions of a magisterial inquiry into the workplace tragedy.

He said the magistrate had concluded that CEO Richard Bilocca and five other company employees should be charged with the involuntary homicide of their colleague, Joseph Ellul.

But in a statement later on Monday, WasteServ said it was not aware of the inquiry conclusions. It denied that its staff had done anything wrong and insisted the death was an unforeseeable, shocking and traumatising accident.

It said it could not comment further on the accident due to ongoing legal proceedings and lashed out at Azzopardi for attempting to distort the staff's presumption of innocence with an unauthorised leak.

Worker was found dead at Marsa incinerator

The fatality had happened at the Thermal Treatment Facility, which consists of an incinerator that uses heat to process abattoir waste, clinical waste and other hazardous waste streams. Ellul used to operate machines used to transfer or treat water or waste.

The excerpt posted by Jason Azzopardi on Monday appears to show that the inquiring magistrate concluded there was prima facie evidence to institute criminal proceedings against Stefan Salomone, Silvan Borg, Aylin Fleri, Ryan Mark Cachia, Ryan Cauchi and Richard Bilocca over Ellul's death.

The excerpt published by Jason Azzopardi on Monday. Photo: Facebook/Jason Azzopardi

Azzopardi said the Attorney General received the inquiry conclusions seven months ago but failed to act, in what he described as another show of "impunity that must stop".

WasteServ 'steadfastly rejects accusations'

In its statement issued later on Monday, WasteServ said none of its management or employees were aware of the inquiry findings "and are unable to comment on the incident" due to ongoing legal proceedings.

It said, however, that the management and employees "steadfastly reject any accusations that they were responsible, even indirectly, for their colleague's shocking death".

"Mr Ellul died as a result of an unforeseeable accident," the statement said.

"The company unreservedly condemns attempts by Jason Azzopardi to compromise its personnel’s presumption of innocence and distort the course of justice through an unauthorised leak, which will now see them subjected to a trial by social media."

The employees were "shocked and traumatised" by Ellul's death, it said, and "WasteServ has done everything possible to support the victim's family and will continue to do so".