Updated September 23
There was “nothing suspicious” about the transfer of government land to the developers behind the site of a building collapse that killed worker Jean Paul Sofia, a state agency has claimed.
Jean Pierre Attard, executive chair of INDIS Malta, took the witness stand on Friday for the sixth session of the public inquiry into the tragedy.
The inquiry was set up to investigate the circumstances around the death of the 21-year-old worker at the Corradino Industrial Estate in Paola in December 2022.
Attard said that after the building collapsed, he asked the board about the transfer of the land to Kurt Buhagiar and his business partner Matthew Schembri to build a furniture factory.
INDIS Malta is responsible for all industrial parks and had signed a contract to transfer the site to the developers.
“They (the board members) sensed nothing wrong in the transfer, nothing suspicious,” he said, adding that he agreed with them when he examined the documents.
There was also “no fast-tracking” in the eight-month process of handing over the land at Corradino Industrial Estate to All Plus, the company set up by Buhagiar and Schembri, Attard said.
However, he said information that later emerged showed the developers may have breached the contractual conditions and INDIS Malta took court proceedings to terminate the concession after the collapse.
One of the key tasks of the public inquiry is to investigate the government's land transfer to the developers behind the Corradino construction site tragedy, as well as the state's broader responsibility in protecting workers at building sites from harm.
Attard was appointed chairperson of INDIS in 2020 and was made executive chairperson this past June. He is a lawyer by profession and previously served as a Labour Party councillor for Żurrieq.
'It's not our remit'
Under grilling from inquiry chair Joseph Zammit McKeon, Attard admitted that the industrial parks agency took no steps to check whether the developers abided by the terms of the contract.
“It is not our remit,” he said, claiming it was “impossible” to check all sites under INDIS Malta’s care. Attard said the collapse was the first incident to ever happen under land administered by INDIS, which was set up in 2002.
"As a human being let me say this. That was the worst day of my life. I was there for six hours, watching, hoping, and praying that the person would be pulled out alive. And I’m using all my powers to see that the situation is improved," he said.
He said that the contract with INDIS followed a 'letter of intent' signed between Malta Enterprise and the developers in June 2019.
Sofia family lawyer Eve Borg Costanzi asked why the contract was not rescinded when the developers failed to stick by a clause that stipulated works should be completed by October 2021.
"That clause is not there as a guillotine over the tenants. If there are permits, and works are ongoing, then there’s no action against tenants," Attard insisted.
Judge Joseph Zammit McKeon, the inquiry chair, read from the letter of intent, which stipulated that all necessary permits and health and safety conditions needed to be met.
He said that if INDIS Malta felt it could not fulfill its obligations to ensure these conditions were met, it should have been clear with Malta Enterprise.
“A person died here and luckily the number wasn’t greater...Don’t think that we’re putting you on the sacrificial altar but you have a position and it carries consequences,” Zammit McKeon said.
Earlier, the inquiry heard from Lands Authority Chairman John Vassallo, who said that it was "humanly impossible" to keep track of what happens on government-owned land.
He said that administration of the Corradino industrial estate was transferred to INDIS and that INDIS does not inform Lands about any land transfer.
The inquiry also heard from Oliver Magro, CEO of the Planning Authority, who said that the development was permitted under two Development Notification Orders.
One was approved in May 2020 but expired a year later because development was not completed while the second one, an extension also asking for two more storeys, was approved in June 2022.
He said the Planning Authority was never informed of any issues on site. However, he too said it was not his agency’s remit to check if the work is done properly.
"The primary responsibility is for the developer and architect to make sure conditions are followed," Magri said.
In a separate criminal inquiry, five people have been charged with the involuntary homicide of Sofia. The five are the construction project’s two developers, the project architect and the two directors of the contracting firm carrying out works at the time.
Lawyers Therese Comodini Cachia, Eve Borg Costanzi and Matthew Cutajar are assisting the victim's family. State Advocate Chris Soler and Anthony Borg from State Advocate's office are representing the State.
LIVE BLOG
Inquiry concludes for today
1.58 pm The witness starts talking about things he heard on Facebook and about wanting to go on-site because he had a case involving the prime minister in court.
Inquiry chair Joseph Zammit McKeon stops him, saying at one point, "I have a feeling that you know nothing about this case."
That's it for today. Thank you for joining us. We'll have a summary above of today's proceedings.
Final witness
1.49 pm The final witness is Publius Said, who applied through his lawyer to testify. The board says that he must only testify about what he told the board in his request. He had told them he was on site a few days before the incident and had some documents to share.
"I’m no architect and no lawyer, but I have years of experience," he says. "I had heard that the site was being built using EU funds and I wanted to see. I saw people who were incompetent. I saw them let in people who were not supposed to be there."
'They did not stick to the permit'
1.47 pm Magro goes into some detail about the two DNOs related to this site. The first was for an excavation of the site and the construction of storeys and a basement.
"Then they did not stick to the permit, continued to build and filed another DNO," Magro says.
He said the second DNO was to build two more storeys.
A commencement notice was filed to inform the authority that works had begun after the first DNO but not after the second, Magro said.
DNO secrecy
1.40 pm There's a discussion now about Development Notification Orders. Sofia family lawyer Borg Costanzi points out that a DNO is not published so the public would not be able to make any submissions about it.
Planning Authority CEO takes the stand
1.37 pm That's it from the chair of INDIS. The CEO of the Planning Authority is up next. Oliver Magro has been with the authority since 2002 but was only CEO for a day at the time of the fatal collapse.
He says that once the permit is issued it's up to the architect to make sure the work is done properly.
"The primary responsibility is for the developer and architect to make sure conditions are followed," he says.
This site was covered by two Development Notification Orders, he says. The DNO is a speedier process than a full development permit. One was approved in May 2020 and expired a year later because development was not completed. Developer Matthew Schembri filed a second one to extend. It was approved in June 2022.
The PA was never informed of any issues on site.
Checking the site
1.22 pm Borg Costanzi continues reading the documents. They stated that INDIS could go on-site to check if obligations were being followed but previously Attard said that even if they got a report INDIS could not go on-site because it was private property.
"So if someone came the day before the collapse saying that the building was in danger, wouldn’t you enter," she asks.
"In that case, we would alert the police to the dangerous structure. We inform tenants of inspections without stating the purpose. Then our officers go and if there are infringements action is taken. And currently, many inspections are being carried out."
Delay in works
1.09 pm Lawyer Eve Borg Costanzi for the Sofia family is asking some questions about the contract. She reads out from the letter of intent, which says that permits were issued in 2020 and works were to be completed by October 2021.
"So didn’t INDIS do anything to rescind the contract," Borg Costanzi asks.
"That clause is not there as a guillotine over the tenants. If there are permits, and works are ongoing, then there’s no action against tenants," Attard says.
Zammit McKeon steps in.
"When the wording of the contract is clear, you must implement it and there’s no discussion about the intention," he says.
Borg Costanzi asks whether INDIS had questioned about the delay in the works. The witness says he has to check.
Request for funding
1.01 pm Attard is questioned on whether he ever asked the finance minister for funds to address the enforcement issue.
"We have shortcomings in finance, technical aspects, manpower, architects, quantity surveyors etc," Attard responds. "Pay packets are not so inviting. Even the private sector is facing difficulties, let alone government. We all know what wages are. If we need 50 enforcement officers, we definitely won’t find them."
No board meeting
12.59 pm Asked if INDIS held a board meeting after Jean Paul Sofia's death, Attard says the entity discussed it but not at meeting.
"Didn’t you possibly feel the need for a board meeting? This incident shocked the nation," remarks Deguara.
First incident under INDIS
12.56 pm Attard estimates that there are about 50 construction sites on land transferred by INDIS. The witness says that INDIS is not currently geared toward enforcement.
"INDIS has existed since 2002. This was the first incident on land administered by INDIS. I’m doing my best to cover the stain to make sure it doesn’t happen again," Attard says.
'You have a position and it carries consequences'
12.46 pm Zammit McKeon reads from the letter of intent which calls for health and safety and all necessary permits required by law.
"How do you enforce this?" he asks.
Attard says that that is for other authorities.
Zammit McKeon is not accepting this answer.
"You signed on behalf of the Maltese people. So how do you enforce the obligations on that contract?" he asks.
Attard says that INDIS would need "200-300 enforcement officers to check all construction sites".
Zammit McKeon retorts: "But ME told you to make sure there were all those obligations on the contract! And God forbid if you don’t!"
Attard says it is "impossible" to check all sites and that this role should be carried out by an architect. He points out that the country is in "full employment" and that there are positions "no one has applied for a year and a half".
"So if that’s the case tell ME that you can’t fulfill that obligation," Zammit McKeon says, raising his voice. "A person died here and luckily the number wasn’t greater...Don’t think that we’re putting you on the sacrificial altar but you have a position and it carries consequences."
Attard says he is using his "full strength" to ensure it doesn't happen again.
'No fast-tracking'
12.41 pm Attard says there was "no fast-tracking" in the land transfer. The process took eight months, he says. Others take between some months to two years.
Asked why the letter of intent dated 21/6/19 was issued to Schembri and Buhagiar and then the contract signed by All Plus, Attard says this is normal.
"The applicant first seeks to confirm approval of the project and then sets up a company. If it is not approved, there would be the useless expenses incurred of setting up a company beforehand," he explains.
Developers 'could have not followed obligations'
12.35pm Attard says that information emerged that showed obligations imposed by INDIS on the developers "could have not been followed" and INDIS filed a case in court to rescind the contract.
He said the site is now under court control but it still belongs to the developers.
You can read more about this case here
Attard says that he went through all the documents and there was "nothing suspicious" in the land transfer.
A poster showing an image of Jean Paul Sofia carried to the doors of Castille during a protest in July calling for a public inquiry. Photo: Matthew Mirabelli'Worst day of my life'
12.30 pm The inquiry chairman challenges Attard on whether he has a public obligation to follow up after allocating land.
"Did you see the footage (of the collapse)? Like a pack of cards", the judge asks.
Attard replies: "As a human being let me say this. That was the worst day of my life. I was there for six hours, watching, hoping, and praying that the person would be pulled out alive. And I’m using all my powers to see that the situation is improved."
Zammit McKeon responds: "Then do so because if you don’t someone else will."
'Not my remit'
12.25 pm The inquiry chair is asking about the purpose of the factory, which according to the contract was to be solely for the manufacture of furniture.
Attard says he doesn't feel comfortable confirming that it was to be a free-standing building because he doesn't know if other properties were to be built adjacent to it.
"Other plots could have been allocated," he explains.
He asked if INDIS checked anything after allocating the land such as whether they abide by the terms of transfer or whether works or done properly.
"It’s not our remit," Attard says. "The church allocated lots of land but it does not go to check if a property is being used for immoral purposes, for example," he says.
Board saw 'nothing suspicious' in land transfer
12.20 pm Attard said he was told that the transfer was temporary emphyteusis, which means the land is transferred.
"Then the questions began to arise," he says.
Karl Azzopardi, Damian Whitehead, Roberta Rapa, Alexia Borg and Christian Gatt were the board members when the land was allocated. Katrina Borg Cardona, Louis Attard, and another member were excused at that meeting.
"When asked, they said that they sensed nothing wrong in the transfer, nothing suspicious."
"The area of Corradino was previously used by the British and was not easy as far as utilities were concerned. The plots were rather small to cater for small businesses," he explains.
The day of the collapse
12.15 pm We're turning now to the day of the fatal accident. The board asks Attard if he ever questioned the contract with the developers.
"Yes I did," he said.
"That day of the incident I was at Mellieħa and the minute I was told about the accident at Corradino I immediately headed there on site. The CEO was already on site. They had just saved the other workers," he says.
"We closely collaborate with the civil protection department. and as soon as they saw me they asked for help with plans of the terrain, where the water reservoir was located etc, and where to transfer rubble nearby to speed up the process."
Contract handed over
12.14 pm Attard now presents the contract on the land allocation to developers Kurt Buhagiar and Matthew Schembri. The letter of intent is dated June 2019. Plans are also handed over.
"Without that letter of intent by ME the contract would not have been concluded," Attard says. "INDIS has no right to allocate land that is industrial".
The contract was actually with Malta Industrial Parks, which became INDIS in 2020.
How land is transferred
12.03 am Attard is now explaining the process for how someone can apply for industrial land. The process starts with Malta Enterprise (ME), who issues a contract. The letter of intent is issued by ME, who passes it on to INDIS.
"So if all the process is practically done by ME why doesn’t it transfer the land itself," asks Zammit McKeon. "Isn’t that double work? "
Attard says that it isn't because INDIS goes into greater detail. ME takes care of financials and business plans and INDIS follows up on this letter of intent.
However, the letter of intent is binding, he says.
The factory on government land was under construction when it collapsed, killing Jean Paul Sofia and injuring other workers. Photo: Matthew Mirabelli'The owner is always government'
11.52 am Attard explains how, over time INDIS took on the administration of more and more government land, including, for example Ta' Qali.
"We are administrators of land. The owner is always government," he says.
Asked specifically about the Corradino estate, Attard confirms that it is administered by INDIS but he is not sure exactly when the body took on this role.
"There are lands possibly even in Corradino industrial estate which are still being transferred to INDIS today."
INDIS chair takes the stand
11.51 am Jean Pierre Attard, executive chair of INDIS Malta is up next. He’s been in this role since July and before that was non-executive chair since 2020.
The former executive chair was Karl Azzopardi. It was under him that the land in question was transferred to the developers.
Lands Authority 'not informed' of land transfer
11.43 am Vassallo is explaining his role in government land transfers.
"As chair of the authority if I get a founded report that a particular land is being used as a brothel, for example, I flag to government," he says. "It’s on my own initiative in the public interest".
Asked specifically about the transfer of the Corradino land transfer to the developers Kurt Buhagiar and Matthew Schembri, Vassallo says the Lands Authority was not involved.
INDIS did not inform the Lands Authority of this land transfer and in general, would not inform the authority of any land transfer.
Inquiry board member and the national auditor Charles Deguara is perplexed.
"I cannot understand how INDIS does not even inform you, even for your own data."
That's all from this witness.
'Humanly impossible' to keep track of all government land
11.39 am Inquiry chairman Judge Joseph Zammit McKeon asks Vassallo if the lands authority still keeps track of what happens on this land, or does it "exit its remit". Vassallo says it is "humanly impossible" to keep track of all land.
"The authority scrutinizes all expropriations, transfers above €400,000…there’s not enough manpower and it is humanly impossible to keep track of all," Vassallo says.
Administration transferred to INDIS
11.34 am Vassallo sets out the role of the authority, to handle the administration of all government land. He gives some history of the Corradino Industrial Estate, where the fatal collapse happened. He explains how the administration of the site was transferred to Malta Industrial Parks Ltd, now INDIS.
Lands Authority chair appears
11.31 am Dr John Vassallo, chairman of the Lands Authority since February 2022, is the first witness today. The veteran lawyer takes the oath.
Inquiry sits for the sixth time
11.30 am Welcome to our live blog. We'll be taking you through the sixth sitting of the public inquiry into the death of Jean Paul Sofia in a construction site collapse on December 2022.