A government body is arguing that the people behind a building development that collapsed and killed Jean Paul Sofia breached their lease conditions.

Legal filings show Indis, the body that allocated the Kordin site for the timber factory, is alleging that according to the concession agreement, the development should have been completed no later than 18 months after the necessary permits were issued in April 2020.

No attempt by Indis appears to have been made to enforce this 18-month contractual deadline prior to the fatal building collapse in December 2022.

Another permit for further works on the structure was issued in June 2022, although this second permit is not referenced in the legal filings by Indis.

In a bid to reclaim the land from the developers, Indis is arguing in court that despite the “passage of time”, the building was not completed, and the site is not in use, which is in breach of the lease conditions.

Works on the building were still ongoing at the time of the fatal collapse. 

The site was sealed off following the collapse on the orders of a magisterial inquiry.

Sofia’s mother Isabelle Bonnici this week claimed “corruption” in the way the public land was given to the people behind the development, Kurt Buhagiar and Matthew Schembri.

Bonnici did not substantiate her claims.

Buhagiar, who is the right-hand man of Lands Authority CEO Robert Vella, has in the past faced human trafficking allegations. His business partner Schembri was last year charged with hiring “hitmen” to attack his ex-wife’s father.

Both men deny any wrongdoing in the building collapse and are also contesting the breach of lease claims by Indis.

Court filings by Indis offer insight into the timeline and process behind the land being awarded to Buhagiar and Schembri.

The pair submitted a Malta Enterprise application to be granted 300 square metres of land in May 2019, and were given the green light the following month.

Matthew Schembri (left), Kurt Buhagiar (right) and Adriana Zammit are all linked to the collapsed building site.

Two industry sources said such applications usually take “months” to be approved.

A Malta Enterprise spokesperson said the first application for the allocation of industrial space of up to 300sqm was submitted to ME in February 2019, when the process started. 

A revised application with increased investment was submitted in May 2019.

As part of the application process, an applicant is required to submit business and financial plans.

Malta Enterprise evaluates the application and submits it for approval/refusal to the relevant board. In this case, it is the Investments Committee that considers such applications.

“The approval was granted exclusively for the manufacture of furniture, and a letter of intent was issued on June 21, 2019.”

Malta Enterprise said the available documentation indicates that the circa four-month timeline suggests that the process has taken its course for similar applications.

In February 2020, Indis handed over title to the Kordin land to Buhagiar and Schembri, on the strength of a 35-year agreement.

Prime Minister Robert Abela has vowed to ensure an investigation into the concession takes place.

He and 39 other Labour MPs, however, shot down demands for a public inquiry into the circumstances behind Sofia’s death, sparking public outrage.

Abela argues that the ongoing magisterial inquiry will establish criminal responsibility for the collapse.

A vigil for Sofia, aged 20 when he was killed, is set to be held outside the prime minister’s office tomorrow evening.

Kordin collapse: a timeline Graphic: Times of Malta

Timeline

February 2019 - First Malta Enterprise application filed by Kurt Buhagiar and Matthew Schembri.

May 2019 – A second application is filed.

June 2019 – The application is approved.

February 2020 – Indis signs agreement handed over Kordin land for 35 years.