The Malta Independent 4 May 2024, Saturday
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Jean Paul Sofia magisterial inquiry report published, traumatic asphyxia listed as cause of death

Wednesday, 26 July 2023, 15:19 Last update: about 10 months ago

The Office of the Prime Minister on Wednesday published the report of the magisterial inquiry into the death of Jean Paul Sofia.

The 20-year-old was killed when a building under construction crumbled in Kordin on 3 December 2022.

The full report may be found here

In a statement, the OPM said that as promised it was publishing the proces-verbal compiled by inquiry magistrate Marse-Ann Farrugia.

The document has been received from the Attorney General on the request of the Prime Minister.

Abela again pledged that he will set up a public inquiry to look into the incident.

In her conclusion to the inquiry report, the magistrate ruled that criminal action should be taken against five persons.

These were arraigned in court last Sunday.

The accused are: Matthew Schembri, 38, company director, from Birkirkara; Kurt Buhagiar, 39, employee from Naxxar; Adriana Zammit, 35 from Zabbar, architect; Milomir Jovicevic, 39, a construction worker and his wife Dijana, 39, with him a director in Milmar Construction Ltd.

They were all given bail.

The five were accused of causing the death of Jean Paul Sofia and negligently causing grievous injury to five other workers, now identified as Vladimir Laketic, Gentjan Carku, Lulzim Carku, Denis Carku, and Sammy David Curtis.

The cause of death of Jean Paul Sofia was listed in the magistrate's inquiry report as having been trumatic asphyxia, caused by the pressure of bricks that fell on him.

Architect Adriana Zammit alone was charged with failing in her duty to carry out works on the property in conformity with industry best practises and standards for the protection of the environment and immediate areas, its users and the general public. 

Developer Matthew Schembri alone was accused of forgery of an authentic public or commercial document, through falsification of the signature of one John Muscat on the Commencement Notice at the building site; knowingly making use of the aforementioned forged document; knowingly giving false information (the Commencement Notice) to a public authority in order to obtain an advantage or benefit for himself or someone else; and making a second falsification or use of another falsified Commencement Notice.

Schembri and Kurt Buhagiar together, in their personal capacities and as directors of Allplus Limited and Schembri as director of White Frost Company Limited and Milomir Jovicevic in his personal capacity and as director of Milmar Construction Ltd and Dijana Jovicevic as director of Milmar Construction Ltd, were accused of failing in their duties as employers to ensure the safety of their employees, by failing to take all the necessary precautions to avoid physical damage, injury or death at the workplace.

No advance warning of collapse

No register of workers present on site was kept

 

 

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