The husband and children of Miriam Pace have filed legal proceedings against the state seeking compensation for its failure to protect her life when she was killed in a Ħamrun building collapse two years ago.
Pace, 54, was buried under the rubble of her family home in Triq Joseph Abela Scolaro on March 2, 2020. The incident had triggered an outpouring of public grief and anger.
Exactly two years later, Carmel Pace and his children Matthew and Ivana Maria have sued the state for failing to protect their wife and mother’s life by failure to ensure proper constructions laws.
Through their lawyer David Bonello they filed an official letter in First Hall of the Civil Court in its constitutional jurisdiction, insisting that the state had a positive obligation to protect the lives of its citizens.
The state failed to fulfil its obligation due to the confusion that there was in the building and construction laws at the time, resulting in Pace’s death.
They said court expert Alex Torpiano had reached the same conclusion in his report drawn up for the court.
“In conclusion, the applicant is of the opinion that the incident occurred due to several factors, but that, in general, it can be argued that the system of regulation of the process of construction is confusing, with several Legal Notices claiming a lot of things on paper, but that there is in fact no coordination, no clear thought of what is supposed to happen and no clear indication of the qualifications required for the different roles on site. I am of the opinion that the whole system needs a complete reform,” Torpiano wrote in his report.
The family claimed that it was only following the incident that the state embarked on a series of reforms in the sector. This, in itself, was an admission that at the time of the incident, it was not honouring its positive obligation to protect the lives of its citizens.
They, therefore, called on the state to come forward for the liquidation and payment of damages they suffered as a result of the incident which robbed Pace’s life.
Four people had been charged with Miriam Pace's death.
Two architects found guilty of her involuntary homicide were last year sentenced to community work. Roderick Camilleri, 37, and Anthony Mangion, 73, were found to be criminally liable over the Ħamrun house collapse that killed Pace and they were also found guilty of involuntary damage to third-party property.
Magistrate Joe Mifsud spared them jail in view of their clean criminal record, the age of one of the accused and the fact that the other has particular family circumstances. They were instead ordered to perform a total of 880 hours of community work and also to pay €18,000 in fines.
They are however pushing for a full acquittal and filed their appeal which is still pending.
The pair had originally faced charges alongside excavation contractor Ludwig Dimech, 37, and 42-year-old construction worker Nicholas Spiteri, who opted to have their case heard by the criminal court.