A man who had sustained life-threatening injuries when a lighting structure set up in preparation for the staging of the political rock opera 'Ġensna' last March collapsed has filed a judicial protest due to the Occupational Health and Safety Authority's failure to investigate the case.

Emanuel Ronayne, a 48-year-old father of two from Fgura, was one of four men who was injured when the lighting structure being set up at the Malta Fairs and Conventions Centre in Ta' Qali collapsed last 17 March. While the other three men only sustained light bruises, however, Mr Ronayne was hospitalised and found to be in danger of dying.

The staging of Ġensna, which was being organised by the Fondazzjoni Ċelebrazzjonijiet Nazzjonali which was appointed by Prime Minister Joseph Muscat last year, nevertheless took place on 22 March as scheduled.

The judicial protest signed by lawyer Michael Tanti Dougall and legal procurator Gerald Bonello states that Mr Ronayne's spleen was removed during surgery and that he still feels physically weak. He is still undergoing treatment, including psychiatric treatment due to the traumatic experience he went through.

At one point, through his lawyers, Mr Ronayne wrote to the OHSA to find out how investigations were going and what steps were to be taken as a result.

To his great surprise, however, an OHSA emailed him to tell him that the authority "did not carry out any investigation on the incident that you mentioned, and will thus not take any steps itself."

In his protest, Mr Ronayne observes that the Occupational Health and Safety Authority Act clearly states that the authority is responsible for ensuring that the "wellbeing of all workers in all work places" is promoted and ensure that it is safeguarded.

Consequently, according to the protest, the authority is obliged to investigate all workplace accidents and to arraign whoever may be found to be responsible for the injuries suffered by the workers concerned.

Mr Ronayne argued that the OHSA's failure to investigate the lighting structure collapse in which he was seriously injured was abusive and in breach of its own duties, pointing out that in the absence of such an investigation, the matter could not be pursued in court.

He further pointed out that the OHSA was not only failing to observe the legislation that led to its establishment, but also failing to ensure that similar incidents are prevented in the future.

As a result, in his protest, Mr Ronayne insisted that the OHSA - and the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties, which is politically responsible for it - should reconsider the decision not to investigate, stating that he would hold them responsible for any damages caused.