Architect Maria Schembri Grima blamed “media spin” for her resignation as the chairperson of the Building & Construction Authority (BCA) last February – a resignation which came after construction debris were filmed flying onto a street from a project which she was the architect for.
Schembri Grima had long faced questions on a possible conflict of interest between her role as BCA chairperson and as the architect of choice for Joseph Portelli – one of Malta’s foremost developers –and she went into the courtroom to face the public inquiry into Jean Paul Sofia's death on Friday ready to answer questions on this topic.
“Did you see any conflict…”, board chair Joseph Zammit McKeon began as his first line of questioning. “No,” she replied immediately. “It’s as if you knew I was going to ask you this question,” Zammit McKeon said with a chuckle.
The architect blamed the media for how she was portrayed and how the “perception” that there was a conflict of interest in her being BCA chairperson and still working in her private practice.
“I always did my work diligently and I believe that’s why I was approached for this post,” she says.
She spoke about the state of the construction industry prior to the BCA: “It was unregulated. Whoever wanted, could do as they wanted. I never did what I wanted: things which are applied by the BCA today are things which I did on site before that, and I think that’s why I was chosen.”
She said that she had made it clear that she didn’t want to get into the processes or day-to-day running of the BCA.
Schembri Grima resigned from the BCA last February after a stop notice was issued on a project of which she was the architect, after debris was filmed flying onto Psaila Street, Birkirkara during demolition works. The planning permit for the project in question was issued to Excel Investments Ltd. of which Gozitan mega-developer Joseph Portelli is a shareholder.
Schembri Grima told the board that there were already two stop notices in place on the site, so the BCA did their job.
“It was clear that I did my job and [the contractor] didn’t follow the method statement, but forget that. I could not interfere with the work of the BCA, so I wanted the truth to come out – but there was never a conflict,” she says.
Zammit McKeon noted that the matter seems to be a sore point for her, and asks why she felt she had to resign if she is so convinced that she did nothing wrong.
“There was so much media spin that the BCA was going to suffer because of it. I didn’t want there to be the perception of a conflict of interest – even if there wasn’t one,” she replied.
Therese Comodini Cachia, who was representing the Sofia family, later read out a media article and asked Schembri Grima to point out exactly which part of it was “spin.”
The architect did not identify any of that article as being spin, but insisted that some had identified her as being involved in the demolition.
You are reading the facts as happened on site, but there wasn’t just one newspaper or article on this. I am speaking about the media spin that made it seem like I was involved in the demolition,” she said.
“On the day of the case, I was, like always on a Saturday, with my children. As soon as I got to know what was happening, I went on site and the road had already been cleared and cleaned of all debris,” she added.
Board member Mario Cassar asked the architect how many times she had been to that project, noting that the contractor had blamed her. “Many times,” she replied.
Cassar queried what communication there was between her and the contractor. “Yes there was – there was what was said would be done, and what was done. On that day there shouldn’t even have been any demolition. I resigned from the project then – it was either him or me,” she replied.
“And the contractor got off with a €5,000 fine… the bare minimum,” Cassar points out. “I don’t get into that,” she replied.
Schembri Grima’s testimony also laid bare the fact that there was no authority entrusted with enforcing the building standards of a building like that which collapsed and killed Jean Paul Sofia.
“You need to see what remit the BCA had in this case. The BCA is there first and foremost to safeguard third parties – so that neighbours are safe,” the architect said
She says that a building on a site like that where Sofia collapsed the responsibility is with the duty holders – and that is the same for following the procedures and documents submitted as part of the commencement notice.
“When there are no third parties, there is no method statement,” Schembri Grima clarified to the board as they tried to understand the matter.
“But you have the right to step in,” Zammit McKeon suggested.
“The BCA doesn’t get involved in sites where there are no third parties,” Schembri Grima replied.
“So when there are no third parties, BCA out,” Zammit McKeon stated. “Yes,” came the reply.
Asked by the board whether she thinks that the BCA should have power to intervene in projects which do not neighbour people, Schembri Grima said that it shouldn’t necessarily be the BCA, but agreed that someone has to enforce it.
“Does a person have to stay knocking doors everywhere to find out who to speak to? The rule of law means knowing where you need to go,” Zammit McKeon pointed out.
“I am not sure that it should be under the BCA, but I agree that there has to be something,” she said.
Comodini Cachia later asked who one should go to if she is concerned about a building which has no third parties.
“If it’s a structural issue, then one goes to the Chamber of Architects,” Schembri Grima began. But her answer was not as easy to come for if the problem is with the construction of the building.
“If it’s a problem of construction…” a pause … she stutters to repeat the words. Zammit McKeon even felt the need to asks whether she was ok. Schembri Grima replied in the affirmative and said that she was thinking.
Ultimately there was no answer: the architect referred to the board’s suggestion that there should be an entity to enforce standards in such buildings – seemingly admitting in not so many words that, at present, there is nobody to enforce those standards beyond those who are constructing the project.
Schembri Grima was also asked about the dismissal of the BCA’s first CEO Karl Azzopardi – who also testified on Friday – and about the BCA’s enforcement capabilities, which were detailed later in the day by the BCA’s current CEO Jesmond Muscat.
The choice of Muscat – who was the final witness to testify on Friday – as Azzopardi’s successor was also a topic of questions to Schembri Grima, with Comodini Cachia suggesting that there had been disagreement on the board over his appointment.
Schembri Grima said that the discussions took “some time” – although she avoided the use of the word disagreement. There were two separate meetings on Muscat’s appointment in fact before the board ultimately decided to back Muscat.
Comodini Cachia asked whether she was right to say that one person didn’t attend the meeting when Muscat’s appointment was confirmed and whether others abstained. Schembri Grima said that she doesn’t remember, but doesn’t think that anybody abstained.
Also testifying on Friday was Schembri Grima’s successor: Saviour Camilleri, who came out retirement in order to become the BCA chairman after the embattled architect had resigned.
He too admitted that the building where Sofia died did not fall under the BCA’s remit.
“And this doesn’t bother you?” Zammit McKeon asked.
“Yes it does, of course it does,” Camilleri replied.
Much of his testimony focused on the recently announced plans to license contractors by the start of 2025.
Camilleri detailed the reform, saying that contractors must all be licensed by the end of 2024, that the BCA would have the power to revoke a contractor’s license to work on any site, and that – put simply – those who do not have the necessary standards to work in the industry, will not be allowed to.
Zammit McKeon however asked what was going to happen until the end of 2024, to which Camilleri replied that the current laws still apply.
That means, he admitted, that contractors will remain unlicensed.
“So how are we going to control the industry so people don’t die,” Zammit McKeon asked.
Camilleri said that the number of inspections which the BCA is doing has increased – although he could not give exact figures of by how much they had increased to the board, much to Zammit McKeon’s annoyance.
You may find the full commentary on Friday's sitting here