The Court of Criminal Appeal has confirmed the responsibility of a property developer who had been jailed for two months for causing damage to a building close to a construction site in St Julian’s, but changed the punishment into a suspended sentence, so that the developer would be able to fix the damages.
Property developer Adrian Fenech and contractor Christopher Muscat had filed an appeal after having been found guilty of causing damage, through negligence, to a property close to a construction site in Lapsi Street.
The court noted that contractors and architects were not the only ones who should be held responsible for damage caused due to construction work.
However, Mr Muscat was acquitted after the court ruled that there was not enough evidence showing that his work was related to the damage caused.
On the other hand, Mr Justice Joseph Galea Debono noted that Mr Fenech had given workers the go-ahead to dig four feet deeper than was specified in the permit.
Mr Fenech was given a two-month jail term, suspended for four years and was ordered to fix the damages within six months.