Emanuel Bonavia, 42 from Mosta, was accused of causing the death of Vincent Bugeja who died after he fell six storeys while he had been driving the dumper on 14 December at around 10.30am in Qormi.

Mr Bonavia owned the dumper Mr Bugeja was driving, but the court noted that the man used to service his vehicle regularly and had made sure it was in good working order before Mr Bugeja used it.

Mr Bugeja had been helping out a man named Joseph Damato. Mr Damato had also been charged with causing Mr Bugeja’s death, but passed away in September 2003.

The court noted the victim had been driving the dumper for two hours before he drove it off the roof and therefore, this shows the brakes were working up until that point.

Magistrate Consuelo Scerri Herrera said the workers on site did not take the precautions necessary to prevent a serious accident happening in the case of the dumper’s brakes failing. Mr Bonavia, though cannot be held responsible for something that was not done when he was not on site and the workers concerned were not his employees, said the magistrate.

The man was therefore acquitted of causing the death of Vincent Bugeja.

Inspector Paul Camilleri prosecuted.