The mother of construction collapse victim Jean Paul Sofia was the first witness at the public inquiry into his death, demanding answers from a system that had taken away "the centre of my life".
Isabelle Bonnici broke down as she took the stand and described a 16-hour ordeal that ended with her 20-year-old son's body being removed from the rubble of a factory under construction at Corradino on December 3 last year.
"My healthy son, gone. How is it possible? He had a life, a whole future, another victim of construction, another Miriam Pace," she told the inquiry board.
He had left home that morning, telling her 'I love you, ma', and had only visited the site after his boss and developer Matthew Schembri asked him to deliver some tools to it.
After rushing to the site upon hearing the news of the collapse, she was initially assured by a police officer that her son was OK and being treated at the hospital.
When his body was finally pulled out, she said her world came tumbling down. "He was the centre of my life," she told the inquiry.
Initially reluctant to hold a public inquiry into the case, prime minister Robert Abela eventually relented in the face of a persistent campaign by Bonnici, who had huge public support.
"I want the system to be investigated and spell out any shortcomings and failures...I don't want other parents to go through what we are going through," she said.
Planning minister Stefan Zrinzo Azzopardi and Finance Minister Clyde Caruana also took the stand on the first day of the inquiry into the circumstances surrounding a building collapse that killed the 20-year-old worker.
Ombudsman Joseph Zammit McKeon, Auditor General Charles Deguara and court expert Mario Cassar will investigate the government’s land transfer to developers behind the December construction site tragedy.
They will also look at the state’s broader responsibility in protecting workers at building sites from harm.
Separately, a criminal case has begun against five people charged with involuntary homicide - developers Matthew Schembri and Kurt Buhagiar, architect Adriana Zammit, and contractor Milomir Jovicevic and his wife Dijana.
LIVE BLOG
First session concludes
11.04am That's it for today. The judge projects another two sessions on August 17 and 18.
Thanks for joining us. There'll be a brief summary of today's hearing above soon.
Caruana ends testimony
10.55am Caruana is asked if he would be able to tell the board the estimates and the sums originally requested. He says requests are not sent to him but to public service administration.
Asked if those emails are kept, he says he does not know.
If after the budget, there is a need for more funds, additional funds can be greenlighted.
What interests the inquiry is the engagement of officials at OHSA, and people on the street, enforcing the law, Zammit McKeon clarifies.
Caruana concludes his testimony.
Staffing requests
10.46am In the past years, was there ever any request by authorities under the Planning Ministry (PA, BCA and OHSA) to increase the complement of enforcement officers, Caruana is asked.
He tells the board that the Planning Authority is self-sufficient. Regarding the BCA, there was a substantial increase in budget because of increased workload.
But how allocation of funds translates into deployment is up to the authority / ministry, he is asked.
Yes, Caruana says, adding that he can produce information on those authorities for the past five years.
Clyde Caruana takes stand
10.39am Next up is Clyde Caruana, who has been finance minister since November 2020. He gives a brief rundown of how the budget works.
Every year there is a process starting in June to project the end of year situation and before that, every ministry sends in business plans and funds needed. That's translated into forecsts for the coming years then recurrent and capital expenses are calculated. Then after Santa Maria (mid August) every ministry is told what can be allocated. Some are happy with that, others try to negotiate for more resources.
Manpower plans are put forward to People and Standards at OPM. That document shows how many officials are needed, who is retiring etc.
"Does that process also apply to authorities under ministries?" he is asked.
"Yes."
Insurance on site
10.35am The inquiry is now discussing insurance. "Do you ensure that the cover is projected in such a manner as to make good for any shortcomings by the contractor?" Zammit McKeonasks.
Insurance policies being issued must be vetted, the minister replies.
"That’s it. They are a sieve!" Zammit McKeon replies.
The minister says that they are examining what policies are on the market. The main thrust is to prevent and mitigate risks. "Our thought is to go towards mitigation of risks."
Planning process for factories
10.26am Cassar asks why industrial developments do not go through the same planning process as other projects and instead have a simple Development Notification Order (DNO).
Zrinzo Azzopardi explains.
"In the past a decision was taken that factories built in industrial zones were to go through a different process, namely DNO. Tariffs are much lower and once in place permits are issued much faster. The permit is approved only by one board member. That was the political direction to speed up factory construction."
BCA accessibility
10.18am Inquiry board member and architect Mario Cassar has some questions. He points out that David Xuereb sits on the boards of the BCA and the OHSA and asks if either, have met since the December 3 tragedy. I don't know, Zrinzo Azzopardi replies.
Cassar points out that BCA may only be contacted by email and number and that causes difficulty.
"People are terrified when excavation is to start next door and they have no idea where to contact," Cassar says.
The minister says that he is informed there are people on call to answer public concerns.
"It’s not so. Please check. When the public is worried they need to have easy access," Cassar insists.
Planning Authority role
10.17am On to the role of the Planning Authority, the chairman asks if the PA no longer intervenes since the BCA was set up. Zrinzo Azzopardi clarifies that today it studies purely planning issues. The PA carries out inspections for compliance or illegal development reports.
20 enforcement officials
10.09am Attention turns to the Building and Construction Authority. The minister explains that its powers are regulated by two subsidiary laws, one regarding third parties and other regarding site management.
He is asked how many enforcement officers the authority has.
"The number increased last year, doubled to some 20 officials," he says.
"For all Malta and Gozo?"
"Yes".
Workplace accidents
10.05am The minister is now being quizzed on the increasing number of workplace accidents.
"Did you ask for stock take of workplace accidents when you became minister?"
He says he did and points to a white paper published in April 2023 that "addressed certain issues".
Zammit McKeon continues: "The number of workplace accidents has increased. Perhaps due to population increases, rise in construction, construction everywhere….but how was this addressed from your end?"
Zrinzo Azzopardi says that the laws clearly identify duty holders to shoulder responsibility at construction sites.
Budget for health and safety
10am The chair is focusing on the budget for the Occupational Health and Safety Authority. He asks how much the minister asked for in the budget and whether he instructs on how the money is to be used.
"I wasn’t prepared to answer this detailed question. I have to verify," Zrinzo Azzopardi replies.
He says most funds go to pay salaries and the authority makes its own plans and decisions according to head count and finances available.
'What about direction of policy?'
9.52am Zrinzo Azzopardi says he is minister of public works and planning heading public works, the Planning Authority, Building and Construction Authority and OHSA. However, he points out that these three authorities are autonomous at law.
He is to appoint persons in terms of law but as minister he does not feature anywhere except in planning control applications.
"What about direction of policy? asks Zammit McKeon. "What direction did you map out with government regarding all three?"
Zrinzo Azzpopardi says there were "a number of changes" and legal notices regarding the Planning Authority. He says the Building and Construction Authority was also amended through a legal notice on the licencing of contractors and powers transferred to the BCA from the PA. He points to an "important revision" on the role of project supervisor and some other changes.
Minister Stefan Zrinzo Azzopardi is next witness
9.47am Stefan Zrinzo Azzopardi, Minister for Public Works and Planning takes the oath. He has been in the role since March 30, 2022.
Mother breaks down in court
9.42am Isabelle Bonnici is emotional as she says that she is convinced that the inquiry board will "do all possible so that my son would not have died in vain and other workers are spared". She says she wants to know what could have been done better.
"I say thank you but the greatest thank you will come from those who will continue to do their work safely and enjoy their families. I won’t see my son grow up and get married," she says, breaking into tears.
She is thanked for her testimony.
A list of questions
9.38am Isabelle Bonnici has a list of questions she wants to be answered about the project that was being built on government land and runs through these now.
Was Malta Enterprise correct in the application process? Was there due diligence of the developers? Can people with criminal proceedings also apply? Was everything done correctly by all officials involved? Is it right for an architect working with government to have another job? One of the developers formerly worked with Malta Enterprise and now Lands. Did that cause undue pressure? How could application go fast track? Does anyone check the qualifications of stonemasons? Is it possible that no one checks anything on the building in two years? Why is there reduced scrutiny in industrial developments?
'I was determined to do something'
9.33am Isabelle turns now to her campaign for a public inquiry.
"My son. My healthy son, gone. How is is possible? He had a life, a whole future, another victim of construction, another Miriam Pace," she says, invoking the memory of another recent building collapse victim.
"Destruction of the environment around us, too many victims and we do nothing. I was determined to do something. I want the system to be investigated and spell out any shortcomings and failures...I don't want other parents to go through what we are going through."
'Darkness fell on me'
9.28am Isabelle Bonnici continues with her testimony.
"We rushed to hospital asking for Jean Paul. Then a nurse told me that he was not there," she said.
She panicked. She told others to tell those onsite that Jean Paul was still under the rubble. Back at Corradino, she could not go close. The sound of the machinery was enough.
"My heart stopped at every sound but I prayed that his heart would beat on. I cried, I prayed. Is he cold? Is he in the basement and perhaps just needed to remove the stones? Did you ever save someone this late?"
Hope faded and after 16 hours, rescuers told her that they had pulled him out and he was dead. When his body was finally pulled out, her world came tumbling down. Her only child. “He was the centre of my life.”
"Darkness deeper than before fell on me," she said.
'Ma, I love you' were his last words
9.25am Isabelle Bonnici begins by saying that December 3 was a dark day for the family. Having a son in full health who ends up buried under a building that falls like a pack of cards is great loss.
That Saturday Jean Paul had told his mum that if his employer did not summon him to work, he would go help his friend’s mother decorate the Christmas tree.
By the time she was up and about, her son had already left for work. She called him and he told her that he was heading to work. She told him “I love you” and he replied “I love you too” as they always did.
Later around 10.45am a friend of Jean Paul called to break the news that her son was trapped under the collapsed building at Corradino. Matthew (Schembri) had despatched Sofia to deliver some tools at the construction site but could no longer see the building on his phone which showed footage from CCTV cameras installed on-site.
"Someone told me don’t worry. He’s out. Thank God I thought, totally relieved," she said.
A policeman at Corradino later told her not to worry because her son was ok. He had helped him out and her son could walk, the officer told her, identifying her son as the one who had a tattoo and earring. She thanked Our Lady of ta’ Pinu and rushed to hospital.
Interruption in court
9.19am Before she has the chance to testify, a male voice breaks out: “Do I stay in here. I wish to testify before the Mrs?”
He identifies himself as Publius Said. "I want to testify and I have documents in hands. Can we the public see the police report?"
He raises his voice and goes into a rant but is stopped and told that he can testify if he provides his email address and is summoned.
"We don't put a muzzle to anyone’s mouth here. But we want order here," he is told.
That unexpected interruption at the very start of the inquiry is calmly ironed out by Zammit McKeon and Said walks out, thanking the board for the opportunity to testify at a later stage.
Jean Paul Sofia's mother is first witness
9.17am Isabelle Bonnici is asked to take the witness stand. She will be one of three witnesses being heard today.
What is the inquiry investigating?
9.12am The chairman reads out the terms of reference. They will investigate:
- Whether the land allocation from government entities to Matthew Schembri and Kurt Buhagiar was lawful, regular and followed the necessary procedures;
- Whether there was a link between the allocation of the land and the building collapse and its consequences;
- Whether the state had adequate rules in place before, during or after the death of Jean Paul Sofia and whether it ensured regulations, policies, processes, administrative obligations and preventive measures to protect the health and safety of people during construction works were enforced;
- Whether adequate measures to prevent injuries and fatalities on construction sites are seriously integrated into all construction sector processes;
- Whether planning, development and construction processes are equipped with the laws, policies, regulations, administrative process and other operating measures necessary to eliminate as much as possible the risk of injury and/or death;
- Whether any state entity failed to take reasonable steps to avoid injury and or death.
You can read our full report on the terms of reference.
Inquiry's first session begins
09.07am The chairman directs the court usher to call out “the public inquiry” in the same way as cases are normally called out in court. Lawyer Therese Comodini Cachia gives the names of her clients, Isabelle and John. They are assisted also assisted by Eve Borg Costanzi and Matthew Cutajar.
State Advocate Chris Soler is here too, together with lawyer Anthony Borg. The state Advocate filed an application on August 7, requesting to participate in the inquiry. Comodini Cachia says that the family will not object to the participation. But the inquiry is not against the State.
She says that both the family and State Advocate would work in the best interests of justice and assist the board in its search for truth. The inquiry board agreed.
Isabelle Bonnici arrives
Isabelle Bonnici, right, arrives in court with lawyer Therese Comodini Cachia, left. Photo: Matthew Mirabelli9.02am Jean Paul Sofia's mother Isabelle Bonnici and his father, John are in court with their lawyers for the first sitting. The chairman of the inquiry board, Judge Emeritus Joseph Zammit McKeon, arrives and is flanked by fellow members Auditor General Charles Deguara and architect Mario Cassar.