The public inquiry into the death of Jean Paul Sofia kicked off on Thursday, with his mother Isabelle Bonnici being the first to take the witness stand to offer her hope that her son’s death will “lead to meaningful change.”

Sofia was killed at the age of 20 last December when a partially constructed industrial building he was delivering tools to collapsed with him in it.  Sofia died underneath the rubble.  Five people, including the project’s developers, architect, and contractor, have been charged in connection with his death.

Thursday’s sitting was the first time that Sofia’s mother Isabelle Bonnici, who has been so vocal in the campaign for justice for her son, actually testified in court.

She read from a pre-written statement which described the ordeal on that faithful December day when she lost her son.

Bonnici said that the last message she shared with her son was an "I love you" after he had left for work.  It was Matthew Schembri – one of the developers now facing charges in court – who told Bonnici that the building had collapsed and that her son was in it at the time because he had been sent to deliver some tools.

She shared how when she arrived in Kordin she was initially told by someone that Jean Paul had been led away safely from the building collapse, and subsequently went to Mater Dei Hospital only to be told by the confused nurses that he wasn't there.

Bonnici said that she went back to the collapse site, but couldn't bear to get close.  She spoke of the thoughts going through her head: "Maybe Jean Paul was in the basement at the time and he's alive?  Maybe he's shouting for help? Maybe he's shouting for his mother? Is he in pain?"

Her voice cracked with emotion as she recounted the details.

As time passed, she tried to ask whether anyone had been found alive after so long and was told not to give up hope.  It was 16 hours into the search that she was told that he was probably dead.

"He was my only son.  He had a life, a girlfriend, a future," she said, her voice trembling again.

Bonnici moved on to her desire from then onwards to get full justice, concluding that a public inquiry to look into the sector.

"My son's death made me feel like I had to do something," Bonnici said.  "I don't want any parent to go through the eternal pain I am going through now," she continued.

She reeled off a number of questions: Malta Enterprise earned a mention as to whether they were involved in processing the application for the land; she asked whether proper due diligence was carried out on the developers and whether the workers were trained. She further questioned the procedures for planning and construction in industrial zones - which are less onerous than for construction projects in residential areas.

Bonnici also sought answers about the search and rescue procedure: do they have the required resources to do their job as best as they can?  Can they do better?

"We cannot keep going as if nothing happened.  I ask from my heart, do not investigate at face value, look at the policies and the system so that what is wrong can be truly fixed and the sector is made safer," she said.

“I will not see my son marry,” she concluded, her voice again breaking with emotion. “I hope that his death with lead to meaningful change.”

Zammit McKeon thanked her for her testimony and for her faith in the inquiry, saying that this fills them with courage.

Earlier in the sitting, a request by the State Advocate for it to be admitted to the inquiry as an interested party was upheld, with no objection from the Sofia family.

Sofia's parents were represented by lawyers Therese Comodini Cachia, Eve Borg Costanzi, and Matthew Cutajar.  State Advocate Chris Soler and Anthony Borg from his office were also present.

Planning Minister grilled on BCA and OHSA’s work

Planning Minister Stefan Zrinzo Azzopardi also took the witness stand.  He was grilled about the three major authorities which fall under his remit: the Planning Authority (PA), the Building & Construction Authority (BCA), and the Occupational Health & Safety Authority (OHSA).

Asked what his role in these authorities are, Zrinzo Azzopardi said that they are set up to function independently and do not neither require nor have any ministerial intervention.

The board asked the minister for details as to how the budgets for each authority are drawn up.  In this sense, each authority drafts a plan which is discussed with the ministry and then presented to the Finance Ministry for consideration.

Zrinzo Azzopardi was asked specifically how much the OHSA had requested as a budget for personnel and how much it was given, but the Minister said that he did not have the information on hand immediately.

Asked whether he had taken stock of the situation pertaining to workplace accidents when he was sworn in as minister, Zrinzo Azzopardi replied in the affirmative, saying that a number of safety awareness initiatives were subsequently launched, and a White Paper proposing harsher penalties in the case of health and safety breaches and additional powers for the OHSA was published for consultation last April.

A later request by the Sofia family for the minutes of these meetings revealed that no minutes were actually taken of these meetings.

"Let's not beat around the bush: the number of workplace accidents has increased.  Maybe there are a number of reasons for it... increase in population, increase in construction... how was this addressed on your part?" Zammit McKeon asked the Minister.

Zrinzo Azzopardi replied that there was work to identify who the "duty-holders" are in the construction sector and that the authority continued doing inspections, but the need for the White Paper to indicate more enforcement measures was indicated by the fact that more substantial measures to ensure health and safety are required.

Asked next about the BCA, Zrinzo Azzopardi spoke of the requirement of the submitting of a method statement to the BCA in order to allow construction projects to commence.  He said that there is an exemption to some of these processes when there aren’t third parties next to the site in question.

The BCA also enforces certain laws relating to construction times, the amount of dust coming from a site and so on, Zrinzo Azzopardi said.

Zammit McKeon asked how many enforcement officers the BCA has. Zrinzo Azzopardi replied that the number doubled last year, and that it now stands at around 20 people for Malta and Gozo.

Perit Mario Cassar – one of the board members – asked whether the BCA and OHSA boards had met to discuss the Sofia case specifically, to which Zrinzo Azzopardi said he is not aware whether they did.

Cassar pointed out that the public can only report something to the BCA through two phone numbers and an email address, and that contractors sometimes work in weekends and people have nowhere to report.

“I am informed that they can report online,” Zrinzo Azzopardi said. “No,” Cassar replied.

He asked the Minister to check whether there can be the faculty for the public to be able to report and be answered outside office hours.

Zrinzo Azzopardi replied that he is informed that people would be on-call even outside office hours, but said he will take note and speak to the authority after he leaves court.

Cassar asked why industrial sites do not go through the same development process as others with the PA, wherein only a Development Notification Order (DNO) is required rather than a full permit.

He explained his worries: the project which collapsed, killing Sofia, was one such development which was permitted after a DNO and not the full planning process.

Zrinzo Azzopardi said that a few years back a decision was taken that in the case of the building of factories, rather than going through the full development process, there are consultations held with the necessary authorities, but the project then only requires a DNO.

The DNO – when everything is submitted and is in place – is granted in an earlier time frame, and is in fact approved by one person on the Board. 

The distinction made in 2019 when the legal notice on this was updated was that when an architect makes a declaration – and the authority is satisfied that there are no third parties abutting with the site – then the project is exempted from submitting a method statement and other technical requirements.

When it comes to insurance, today, as per the legal notice on the licensing of contractors which creates new obligations as of 1 November must ensure that they have to have an insurance policy in place, Zrinzo Azzopardi said.

Zrinzo Azzopardi said that the main thrust has to be to mitigate risks. An insurance policy is there for if something happens, he said.

Zammit McKeon drew a comparison: “Look at what happens in the case of motor vehicles: Every vehicle has to, by force, be insured, and when the insured has a contractual breach with their insurer you cannot then look at the third party. I think that the same principle has to be transposed into the contractors.”

Zrinzo Azzopardi said that the discussion isn’t simply limited to having insurance, but the main thrust has to be to prevent and mitigate risks while speaking about a better assurance framework – but the main legal framework is to mitigate the risks involved in the sector.

‘Budget requested by ministries is usually far higher than what government can provide’ – Finance Minister

Finance Minister Clyde Caruana was the final witness to take the stand.

He was asked about how his ministry handles the request of each ministry for financing when it is drawing up the annual Budget.

Caruana said that the planning for this starts in around June, which is when each ministry sends their business plans in, including what capital investment is required.  There, the ministry works out what the current actual spending is, and then determines what the budget should be.

“The budget requested is usually far, far more than what the government’s budget allows,” he says. He quantifies the requests as being double what is ultimately given.

After mid-August, bilateral discussions are held with each ministry and they are told how much funding they will be given in the upcoming Budget and then more meetings and negotiations follow until the Budget is announced.

Asked about the PA, BCA, and OHSA and whether there was ever a request by these authorities for more money to be allocated for the engagement of more enforcement personnel, Caruana said that the PA is self-sufficient and therefore has its own resources, that there was a substantial increase in investment in the BCA, and that there were increases in investment in the OHSA but not by as much.

Caruana explained that an authority – through its ministry – can request a variation at any point during the year they feel the need for it to respond to situations which may have arisen.  That is assessed by the Finance Ministry, and if that authority’s own ministry cannot cover it, then it is not uncommon for the Finance Ministry to approve and provide the variation itself.

Caruana was asked to send documentation showing how much the OHSA and BCA particularly had requested as a budget for the engagement of enforcement personnel and their training, and then how much was provided in each of the last five years.

 

The inquiry will continue next week, with the board concentrating on health and safety.

You may read the full live commentary of this morning's sitting below.

11:01: Today's sitting ends here - thank you for following.

10:59: Zammit McKeon however is thinking out loud and says that he would like the process to be expeditious - not hurried - and so wants as much information coming in as possible to get a holistic view of the situation.

He says that he would like the next sittings to be on 17 and 18 August, in which the board will concentrate on health and safety.

The witnesses to be summoned are Perit David Xuereb and Mark Gauci from OHSA and the Police Commissioner Angelo Gafa.

10:55: Caruana’s testimony ends there.  He is the final witness for today, and Zammit McKeon begins to outline the way forward.

10:54: The Board is requesting that the Finance Minister provides both the figure which the authorities had requested and the figures which were ultimately provided.

Caruana says that he must check with the directorate which handles the Budget to see that these requests have been kept.  Comodini Cachia is asking whether it is policy to delete such emails or requests, but Caruana says that it is not but that he must check regardless.

Comodini Cachia asks what happens if a specific authority in the middle of a year realises it needs additional resources and seeks funding for that.

In such a circumstance, the authority speaks to its ministry, that ministry goes to the Finance Ministry. Many times, the Finance Ministry asks that ministry whether they have their own funds which can be redirected if the request naturally makes sense, but if it is not the case then it wouldn’t be the first time that more funds are allocated.

10:49: Auditor General Charles Deguara speaks for the first time in this inquiry, and he asks about the allocation of a budget within a ministry, and Caruana says that this is specified.

Cassar meanwhile asks whether the ministry then delves into how that money is used, to which Caruana says that it does not.

10:46: More than the Finance Ministry deciding whether it should increase a capital or recurring expenditure, Caruana said that their work is to assess what is exactly required by the authority as part of what it is requesting.

Zammit McKeon asks whether, as far as he remembers, there was ever a request by the authorities which today fall under the Planning Ministry – so, the PA, BCA, and OHSA – to have more money allocated for the engagement of more enforcement personnel.

When requests for manpower are made, Caruana replies, the Finance Minister does not determine who is engaged and how they are engaged.  He offers up a budget and then it is in the hands of the authority as to who to engage and how.

The Planning Authority has its own resources, meaning it is self-sufficient, Caruana says.  On the other two authorities, from memory, especially in the case of the BCA there was a substantial increase in financial allocation because of the increase of work the authority was facing.  In the OHSA's case, there were increases, he said, but they weren't as large. 

10:40: He is asked whether the OHSA was ever under his remit, to which Caruana replies that he never did.

Zammit McKeon now asks on the financial aspect and specifically how the ministry handles the request of each ministry for financing.

Caruana says that the planning for this starts in around June, which is when each ministry sends their business plans in, including what capital investment is required.  There, the ministry works out what the current actual spending is, and then determines what the budget should be.

“The budget requested is usually far, far more than what the government’s budget allows,” he says. He quantifies the requests as being double what is ultimately given.

After mid-August, bilateral discussions are held with each ministry and they are told how much funding they will be given in the upcoming Budget and then more meetings and negotiations follow until the Budget is announced.

10:34: Finance Minister Clyde Caruana now takes the stand.

10:34: Comodini Cachia asks for a study which was carried out on the OHSA which the Minister cited, and also asks for minutes of meetings that the Minister has had with the different authorities.  The Minister says that no such minutes exist.

Zammit McKeon asks whether the minutes of the boards of the authorities are taken and whether they are sent to him. The Minister says that the minutes are taken, but they are not sent to him.

Comodini Cachia asks whether there is a written record of the political direction which he gives to authorities. Zrinzo Azzopardi says that the result of political direction are the changes which are being implemented now.

“So there aren’t emails or documentation saying what you want to see from the authorities…” she asks.  Zrinzo Azzopardi replies that the meetings and discussions are always ongoing… “and known to you, and you alone,” Comodini Cachia comments.

The State Advocate has no questions, and Zrinzo Azzopardi is dismissed. 

10:30: Zrinzo Azzopardi says that the main thrust has to be to mitigate risks. An insurance policy is there for if something happens, he says.

Zammit McKeon draws a comparison: “Look at what happens in the case of motor vehicles: Every vehicle has to, by force, be insured, and when the insured has a contractual breach with their insurer you cannot then look at the third party. I think that the same principle has to be transposed into the contractors.”

Zrinzo Azzopardi says that the discussion isn’t simply saying we have insurance but the main thrust has to be to prevent and mitigate risks while speaking about a better assurance framework – but the legal framework is to mitigate the risks.

10:24: Cassar asks why industrial sites do not go through the same development process as others with the PA, wherein only a Development Notification Order (DNO) is required rather than a full permit.

He explains his worries: the project which collapsed, killing Sofia, was one such development which was permitted after a DNO and not the full planning process.

Zrinzo Azzopardi interrupts the question and says that two processes are being mixed up.  He speaks first of the DNO process, saying a few years back a decision was taken that in the case of the building of factories, rather than going through the full development process, there are consultations held but they only then require a DNO.

The DNO – when everything is submitted and is in place – is granted in an earlier time frame, and is in fact approved by one person on the Board.  The political direction was to introduced in order for factories to be built in such a manner.

The distinction made in 2019 was that when an architect makes a declaration – and the authority is satisfied that there are no third parties – then the project is exempted from a method statement and other technical requirements.

When it comes to insurance, today, as per the legal notice on the licensing of contractors which creates new obligations as of 1 November must ensure that they have to have an insurance policy in place.

10:16: Now turning to the Planning Authority, Zrinzo Azzopardi says that the PA is now more concerned with specifically planning issues, and any enforcement which is done is done against the background of the permit that is granted.

Perit Mario Cassar – one of the board members – now points out that David Xuereb is chairman of the OHSA and a board member at the BCA.

He asks whether these boards met to discuss the Sofia case specifically, to which Zrinzo Azzopardi says he is not aware whether they did.

Cassar points out that the reporting to the BCA is limited to two phone numbers and an email address, and that contractors sometimes work in weekends and people have nowhere to report.

“I am informed that they can report online,” Zrinzo Azzopardi says. “No,” Cassar replies.

He asks the Minister to check whether there can be the faculty for the public to be able to report and be answered outside office hours. 

Zrinzo Azzopardi replies that he is informed that people would be on-call, but says he will take note and speak to the authority today.

10:11: Zrinzo Azzopardi says that the BCA is looking to introduce new processes for everyone, but Zammit McKeon asks whether the Minister is happy to increase processes but then see that there is the chance that these won’t be enforced equally on the ground.

Zrinzo Azzopardi replies that everyone involved in an authority should see that there is the best output in the authority’s work, and that all the processes, including in enforcement work as they should.

He said that the word “bureaucracy” worries him and that he sees things more as “streamlining.”

10:08: Zammit McKeon turns to the BCA now, and asks what its role is.

Zrinzo Azzopardi speaks of the requirement of the submitting of a method statement to the BCA in order to allow construction projects to commence.  He says that there is an exemption to some of these processes when there aren’t third parties next to the site in question.

The BCA also enforces certain laws relating to construction times, the amount of dust coming from a site and so on, Zrinzo Azzopardi says.

Zammit McKeon asks how many enforcement officers the BCA has. Zrinzo Azzopardi replies that the number doubled last year, and that it now stands at around 20 people for Malta and Gozo.

10:02: "Let's not beat around the bush: the number of workplace accidents has increased.  Maybe there are a number of reasons for it... increase in population, increase in construction... how was this addressed on your part?" Zammit McKeon asks the Minister.

Zrinzo Azzopardi replies that there was work to identify who the "duty-holders" are in the construction sector and that the authority continued doing inspections, but the need for the White Paper to indicate more enforcement measures was indicated by the fact that we need more substantial measures to ensure health and safety.

You can read about this White Paper over here.

Zrinzo Azzopardi says that one can look at the statistics - although he said that every death is not a statistic, but must be avoided - the OHSA produced studies where it showed how the health and safety sector developed in the 20 years that the OHSA was open, and prompted this White Paper proposing what new tools are required.

09:59: Zammit McKeon asks whether the leadership of the OHSA has changed since Zrinzo Azzopardi was minister.

The leadership has not changed, the minister replies: David Xuereb was reappointed as chairman of the OHSA after the general election - a post he already held - and Mark Gauci remained CEO, a post he has held ever since the OHSA was founded.

Zammit McKeon asks whether the ministry took stock of workplace accidents when he was appointed, and Zrinzo Azzopardi replies that there were and a number of safety awareness initiatives were launched.  He also adds that a white paper suggesting harsher penalties for employers over health ans safety breaches was published for consultation last April.

09:54: Zammit McKeon zeroes in on the BCA and the OHSA.

Starting with the latter, Zammit McKeon asks who proposes the budget required for this authority.  The process is, Zrinzo Azzopardi replies, that each ministry makes their own proposal to what each authority and entity needs, and the full Budget is then compiled by the Finance Ministry accordingly.

Zammit McKeon asks how much Zrinzo Azzopardi had asked for as a budget for the OHSA and how much he was given to work with. Zrinzo Azzopardi says that he doesn't have the figures on hand. Zammit McKeon asks him to find the figures and return with them.

He now asks whether the minister gives instructions on how OHSA should use the budget which is granted to it.  Zrinzo Azzopardi says that a constant part of the budget is the payment of salaries, and this is the major expense for the authority. 

It is more a matter of how the available resources are used, he says.  Zammit McKeon asks whether the Minister has a say in how those resources are used, though, specifying whether the ministry can direct to employ more people.  The Minister says that engagements are guided by public service guidelines.

"If the OHSA needs a number of officials on the ground, who decides this?  The Ministry or the Authority?  How does it work?"

Zrinzo Azzopardi says that the plans are drawn up, they are discussed, and forwarded to finance for consideration.

09:48: When it comes to policy, Zammit McKeon - who is leading the questioning - begins, what is the direction that the Minister is following pertaining to these three authorities.

Zrinzo Azzopardi says that generally speaking, there have been changes even through legal notices tied to processes.  There were a number of changes especially in the BCA where the government has put forward legal changes to license contractors.  He says that a number of processes which were initially in the hands of the PA were also transferred to the BCA.  An example of this is the enforcement of site considerations which now falls under the BCA remit.

In the OHSA an important change was the revision of a legal notice regarding project supervisors, which came after the OHSA strengthened its outreach with foreign workers for more awareness when it comes to health and safety training.

09:46: Planning Minister Stefan Zrinzo Azzopardi is the next to take the witness stand.

He says that the Planning Authority, Building & Construction Authority, and Occupational Health and Safety Authority - referred to as the PA, BCA, and OHSA from hereon in - are the major authorities under his remit.

He is asked what his role in these is as the minister.  Zrinzo Azzopardi replies that the authorities function independently: he has power to make some appointments, but otherwise the Minister has no function save for one process tied to Planning Control applications with the PA.

09:40: “I will not see my son marry,” she says, her voice again breaking with emotion. “I hope that his death with lead to meaningful change.”

Zammit McKeon thanks her for her testimony and for her faith in the inquiry, saying that this fills them with courage.

This was the first time that Bonnici has testified in connection with the case.

09:36: She reels off a number of questions: Malta Enterprise earns a mention as to whether they were involved in processing the application for the land, she asks whether proper due diligence was carried out on the developers and whether the workers were trained. She questions the procedures for planning and construction in industrial zones - which are less onerous than for construction projects in residential areas.

Further she asks questions about the search and rescue procedure: do they have the required resources to do their job as best as they can?  Can they do better?

"We cannot keep going as if nothing happened.  I ask from my heart, do not investigate at face value, look at the policies and the system so that what is wrong can be truly fixed and the sector is made safer," she says.

She thanks the board for their work but says that the biggest thank you will be from the workers in the sector whose life may be saved by changes which come out of the inquiry.

09:32: As time passed, she tried to ask on site whether anyone had been found alive after so long and was told not to give up hope.  It was 16 hours into the search that she was told that he was probably dead.

"He was my only son.  He had a life, a girlfriend, a future," she says, her voice trembling again.

Bonnici moves on to her desire from then onwards to get full justice, concluding that a public inquiry to look into the sector 

"My son's death made me feel like I had to do something," Bonnici said.  "I don't want any parent to go through the eternal pain I am going through now," she continues.

09:22: Bonnici's testimony is underway.  From a prepared statement, she details the events of that faithful December day.  She says that the last message she shared with Sofia was an "I love you" after he left for work.  It was Matthew Schembri who told Bonnici that the building had collapsed and that her son was in it at the time because he had been sent to deliver some tools.

She shares how when she arrived in Kordin she was initially told by someone that Jean Paul had been led away safely from the building collapse, and subsequently went to Mater Dei Hospital only to be told by the confused nurses that he wasn't there.

Bonnici says that she went back to the collapse site, but couldn't bear to get close.  She speaks of the thoughts going through her head: "Maybe Jean Paul was in the basement at the time and he's alive?  Maybe he's shouting for help? Maybe he's shouting for his mother? Is he in pain?"

Her voice cracks with emotion as she recounts the details.

09:16: Zammit McKeon summons Isabelle Bonnici - Sofia's mother - to the stand as the first witness.  Finance Minister Clyde Caruana and Planning Minister Stefan Zrinzo Azzopardi are outside the courtroom and will also be summoned to testify today.

Proceedings are held up as questions are asked whether any other witnesses are in the court room - in which case they would have to leave before they testify. One man - Publius Said - speaks up and insists that he wants to testify before Bonnici and that he has documents in hand to speak about. 

Zammit McKeon has told him that he must follow procedure and send an email in order to register himself to testify and until then leave the courtroom. Said initially tries to argue against it, but Zammit McKeon is assertive in the fact that he must follow procedure.

Said is currently facing charges related to the possession and dissemination of what was labelled as "extreme child pornography."

09:14: Zammit McKeon reads out the terms of reference for the inquiry.  You can read those here.

09:10: Comodini Cachia says that the family has no objection to the request, noting that the State Advocate is not an adversary in the process. The State Advocate's request is therefore upheld.

09:07: Sofia's parents - John Sofia and Isabelle Bonnici - are being represented by lawyers Therese Comodini Cachia, Eve Borg Costanzi, and Matthew Cutajar.  State Advocate Chris Soler and Anthony Borg from his office are also present.

09:05: Ombudsman and former judge Joseph Zammit McKeon has convened the first sitting of the public inquiry in the Valletta Law Courts.  The first order of business is a request by the State Advocate to be admitted as a party participating in the public inquiry.

09:00: Welcome to this live blog from the first sitting of the public inquiry into the death of Jean Paul Sofia.