The public inquiry into the death of Jean Paul Sofia continued on Friday.

The inquiry was set up by Prime Minister Robert Abela in the wake of public outcry after he had initially resisted calls by the family and others. Parliament had voted against an Opposition motion to establish the inquiry, but in a colossal U-turn Abela changed his mind four days later.

The inquiry is led by retired Judge Joseph Zammit McKeon – who was recently appointed as Ombudsman with the full support of Parliament, who is joined by Auditor General Charles Deguara and court expert and architect Mario Cassar.

Last week, Sofia’s mother Isabelle Bonnici testified along with ministers Clyde Caruana and Stefan Zrinzo Azzopardi.

Yesterday saw the testimonies of OHSA chairman David Xuereb and OHSA CEO Mark Gauci.

Follow the sitting live below - refresh the page for updates.

12:25: Muscat's testimony concludes and he steps off the witness stand.

That concludes today's sitting - summaries on the respective testimonies will be uploaded soon.  Thank you for following.

12:24: Comodini Cachia has one question which relates to the contractor’s licensing law which was presented this year.  She asks whether she was correct in saying that the work had been ongoing since 2021.

Muscat says that the process started in 2019 when there was still the Building Regulation Office.

“So the licensing took four years to complete?,” Comodini Cachia asks.

“Yes you could say that,” Muscat replies.

Comodini Cachia asks for the drafts which were sent to Cabinet and Muscat says that he has two: one from December 2022 and another which was eventually approved.  He ultimately admits that he also has the drafts from 2019 and will be bringing those too.

12:15: Cassar asks about the insurance cover which contractors will need and whether Muscat believes that there should be a classification of contractors so that insurance companies know who they are dealing with and the quality of their work.

Cassar says that this by itself would bring a safer workplace, as those who are clearly not serious will not be insured and then just won’t be able to work.

Muscat says that last December the BCA proposed a list of requisites which will allow the insurance companies to paint a picture on who they are dealing with.

Information on how many contractors there are today does not exist.

12:12: Muscat now speaks about the contractor licensing reform, and says that one of the things which is essential in being implemented – and which he claims that the media has not picked up on – is the mandatory need for an insurance policy for contractors.

Deguara asks about the penalties which were meted out.  Muscat says that he has a list, but that one cannot see these as being just fines as some also include stop notices.

295 such stop notices were handed out this year so far, Muscat says.

12:08: Deguara now asks for the BCA’s audited accounts.  Muscat runs through the budgets that were requested over the years.

He says that for the next Budget, the BCA has requested €3 million in capital expenditure and €10.74 million in operating expenditure.

Muscat says that the enforcement team is set to increase by six people: four inspectors and two more seniors.  The process for their engagement is ongoing, Muscat says.

Deguara questions how much more effective the system will be with just four more inspectors, but Muscat says that you can never have enough people to enforce the rules.  

11:59: Cassar asks about these inspections and whether there is data on inspections done on a lack of a method statement and on structural concerns.

Muscat replies that the data is more general, but he does have a list of what penalties were issued and most are likely down to not following a method statement.

Cassar asks how they are informed of a commencement notice for the site to start, and Muscat replies that this is submitted by the architect.  It is the responsibility of the architect and contractor to do so, he adds.

11:55: Muscat describes the construction sector as something which is on its “death bed” and that the BCA is trying to resuscitate it.

“You are saying that the situation is beyond control?,” Zammit McKeon asks.

“No I’m not saying that, there is still a chance to fix it,” Muscat replies.

He is asked about the number of site visits carried out by the authority.

Around 6,200 inspections were carried out in 2021, which rose to over 10,200 in 2022, and over 7,000 inspections have been done so far this year.

11:53: Muscat also says that the board discussed the public inquiry itself this month.  Zammit McKeon can’t quite believe why they would do this, and points out that this discussion was held even though the BCA resolved that it had no remit on it.

11:47: Zammit McKeon asks about the day that Sofia was killed.  Muscat says he was at home at the time, and then went on site.

“What did you see?” “The disaster that there was,” Muscat says.

Zammit McKeon asks why he went.  Muscat says that he felt that it was his responsibility to be there.

Zammit McKeon asks whether a report was drafted. Muscat replies that there was no report, “because we didn’t need to do one.”

Muscat says that it “never” resulted to the BCA that it was not responsible, by law, for the site.  This was discussed in a board meeting on 15 December when it emerged that because there were no third parties close to the site, then they were not responsible.

11:43: Muscat says that there were 11 inspectors when he started and that today there are 21: a chief officer, three seniors, and the rest are standard inspectors.

Zammit McKeon asks whether these would all be on site.  Muscat replies that the chief officer is office-based, and the seniors are a mix between the office and on site.  The rest are specifically engaged to be on building sites.

The number is 30% of the BCA’s complement, and Muscat points out that the BCA’s remit is quite vast as it also includes permitting, energy certification and others.

11:38: Camilleri's testimony comes to an end.  The BCA's current CEO Jesmond Muscat is the next witness.

He was appointed to this post in June 2022, succeeding Karl Azzopardi.

11:35: Cassar asks whether the fact that this person responsible for the site is appointed by the developer or contractor – or can be the contractor himself – is a conflict of interest, but Camilleri doesn’t believe that’s the case.

He says that of people do not have the necessary standards, they simply won’t be allowed to work.

Cassar now asks about where the public can report things about building sites to the BCA outside office hours… he points out that there are two phone numbers on the BCA’s website but these run till 3pm.

Camilleri says that the after 3pm, the phones switch over to two individual inspectors until 9pm on weekdays.  Inspectors will also answer on Saturdays till 7pm and Sundays till 4pm, Camilleri says.

11:31: Cassar asks about the licensing process for masons, and Camilleri explains that new measures will also be introduced for the consistent training of such masons through refresher courses.

He says that there will come a point where everyone on a site must be qualified in what they are doing, and the BCA will be examining people accordingly.

It will be the building inspectors themselves to enforce whether the workers have the skills they should have to be on site.

Zammit McKeon questions how an inspector can enforce all of this on site in the moment.

Camilleri replies that each site must have a person who is trained and has the ability and competence to be responsible for the site himself.

If there are illegalities, then there can be fines and the revocation of the contractor’s license can be done – which will mean that he cannot work anywhere in the country.

11:21: Camilleri admits that the building where Sofia died did not fall under the BCA’s remit.

“And this doesn’t bother you?” Zammit McKeon asks.

“Yes it does, of course it does,” Camilleri replies.

Zammit McKeon asks how many inspectors the BCA has today and how many inspections are carried out, but Camilleri says that he does not have the exact number – something Zammit McKeon can scarcely believe.

11:19: He is asked about the framework for the licensing of contractors which was recently announced.

Camilleri details the reform, saying that contractors must all be licensed by the end of 2024 and that the BCA would have the power to revoke a contractor’s license to work.

Zammit McKeon asks what is going to happen until the end of 2024, to which Camilleri replies that the current laws still apply.

That means, he admits, that contractors will remain unlicensed.

“So how are we going to control the industry so people don’t die,” Zammit McKeon asks.

Today, there were many more inspections where every single thing not correct when it comes to neighbours and up to a point, the environment, is pointed out.  He too, however, notes that the remit of the BCA stops when the building is free standing.

11:15: That brings Schembri Grima’s testimony to an end. 

Saviour Camilleri, the current BCA chairperson, is up next. He is retired but previously worked in site management and as a draughtsman.

11:14: She is asked for her recommendations over and above the neighbours for the workers to have protection.

Schembri Grima hesitates in her initial reply, but then says that if a site which has a structure designed, foundations checked, walls checked, and other technical matters checked then there is no lacuna.

“If every roleplayer does their job on the site then there shouldn’t need to be this lacuna,” she says.

She is asked whether the Chamber of Architects has the power to investigate any works which are ongoing, to which Schembri Grima replies in the affirmative, but she cannot say what resources they have.

Finally, she confirms that the BCA had received a commencement notice for the works on the site where Sofia was killed, but this was when it was still an agency and not an authority.

11:09: Comodini Cachia asks who she 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,” she begins.

“If it’s a problem of construction…” a pause … she stutters to repeat the words.  Zammit McKeon brings her back to reality and asks whether she is ok.  Schembri Grima replies in the affirmative and says that she was thinking.

Comodini Cachia asks again who a worker can go to if they are concerned about the works at a building.

Schembri Grima refers to the previous discussion where she agreed with the board’s suggestion for someone to enforce building conditions even when third parties are not affected – seemingly admitting that there is in fact nobody to enforce building conditions in cases such as that where Sofia was killed.

11:02: Comodini Cachia asks about the choice of Jesmond Muscat as BCA CEO to succeed Karl Azzopardi and whether this was discussed by the board.

Schembri Grima says that it was and that the discussions took “some time”; two meetings to be precise.

Comodini Cachia asks whether there were any objections to the appointment. “There were discussions, but ultimately it was decided that the way forward was to appoint him,” Schembri Grima replies.

Comodini Cachia asks whether she is right to say that one person didn’t attend the meeting when Muscat’s appointment was confirmed and whether others abstained. Schembri Grima says that she doesn’t remember, but doesn’t think that anybody abstained.

10:59: Comodini Cachia now rises to ask questions, and she begins with Schembri Grima’s assertion that she resigned due to “media spin.”

She begins to read from an article and asks her to stop her when, in her view, there is any such spin.

Comodini Cachia reads through the article, until Schembri Grima stops her.

“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 part of the demolition,” she says.

“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 adds. 

10:56: The board asks whether she thinks that the BCA should have power to intervene in projects which do not neighbour people.

Schembri Grima says that it shouldn’t necessarily be the BCA, but agrees that someone has to enforce it.  One has to have somewhere to go if the works aren’t being done properly, she adds.

“But 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 points out.

“I am not sure that it should be under the BCA, but I agree that there has to be something,” she says.

The centralisation of commencement notices was one of the discussions that the BCA had, with the intention being for the various authorities concerned to have access to this document.   

10:48: Cassar now begins to ask about the project which led to Schembri Grima resigning from the BCA.

Her resignation came after a stop notice had been issued on a project of which Schembri Grima  is 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 Joseph Portelli is a shareholder.

Cassar asks the witness how many times she had been to that project, noting that the contractor had blamed her.  “Many times,” she replies.

Cassar queries 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 replies.

 “And the contractor got off with a €5,000 fine… the bare minimum,” Cassar points out.  “I don’t get into this,” she replies.

10:43: Cassar now asks about the specifications of various legal notices, zeroing in on the recently published contractor regulations

“These have till 2025 to apply… so by the time they apply, we’ve got another five years before this is regulated… I don’t feel like there is enough interest,” Cassar says.

Until I was there, there was interest, she replies before adding that there is a desire that those who do not want to conform to the rules are simply not allowed to be in the industry.

10:36: A discussion ensues, and it emerges that, as such, the responsibility on a site such as that where Sofia was killed is in the hands of the team which is behind the development: the architect, contractors, and builders.

10:34: Zammit McKeon asks what changed at the BCA from the day of the collapse onwards.

Schembri Grima takes a long pause and replies:  “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.”

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.

The BCA needs to give clearance on a commencement notice before a project can begin.

But there is some discord here in what happens in a case such as Sofia.

“When there are no third parties, there is no method statement,” Schembri Grima clarifies.

“But you have the right to step in,” Zammit McKeon says.

“The BCA doesn’t get involved in sites where there are no third parties,” she replies.

“So when there are no third parties, BCA out,” Zammit McKeon states.  “Yes,” comes the reply.

10:26: Zammit McKeon now asks about the day of the building collapse which killed Jean Paul Sofia.

Schembri  Grima says that she isn’t quite sure whether she was browsing her phone at the time and saw the news of the incident or whether she received a call on it.

She says that BCA officials – including the CEO Jesmond Muscat – went on site.

The mention of the incident prompts an emotional reaction from Isabelle Bonnici, who can be seen wiping a tear away.

10:23: Zammit McKeon now goes back to Grima’s assertion that the industry was “unregulated” and asks what type of enforcement the BCA did to combat this.

She says that the first order was to draft a business plan together KPIs to see where things were and to bring a sense of order through the introduction of certain processes, but ultimately it wanted to even start “streaming” contractors.

These could have been split between smaller and larger contractors, depending on how many people they employ and what equipment they have.

“These were always part of the board’s vision, and policy-wise that’s what we had in front of us,” she says.

Zammit McKeon isn’t happy with the answer though: “You gave me the whole story, but you didn’t answer the question.” Zammit McKeon says that one can have a “library” of regulations, but they are useless without enforcement.

He repeats the question in more certain terms: “How many inspectors did you leave when you left?”

21 inspectors, Grima replies. There were 11 inspectors at the authority when it started, and from July 2022 till when she left, they increased up to 21.

10:17: Asked about the departure of Karl Azzopardi as BCA CEO, Grima says that the board “received his resignation, which said that he wanted to move on” but adds that she did not know what happened between Azzopardi and Minister Zrinzo Azzopardi.

As a reminder, earlier this morning Azzopardi himself testified that he did not resign from his post.

The case of his dismissal is currently subject to industrial tribunal proceedings, which Grima tells the board she testified in.

10:15: On the case which led to her resignation, Schembri Grima says 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 they 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 notes 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 replies.

10:12: “The media portrayed me differently,” Schembri Grima says as she is asked why she thinks it wasn’t a conflict of interest.

“I always did my work diligently and I believe that’s why I was approached for this post,” she says.

She speaks 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 made it clear that she didn’t want to get into the processes or day-to-day running of the BCA.

Zammit McKeon asks however whether it’s right for someone working on the ground to write up policy, but Grima replies that that is a strength because they can see the industry at first hand.

10:06: Next up is the former BCA chairperson Maria Schembri Grima.

She takes the witness stand.  Grima served as chairperson between April 2021 and February 2023, when she resigned.

She confirms that she is a structural engineer and an architect.  Her work in the private practice involves the planning process and design and structural planning of these projects.

Zammit McKeon asks her to list through some projects she had led, which she duly obliges, and he asks whether she continued to practice.

“Did you see any conflict…”, Zammit McKeon begins.  “No,” she replies immediately.  “It’s like you knew I was going to ask you this question,” Zammit McKeon says.

10:03: Comodini Cachia queries about the budgets granted to the BCA, saying that the budget document shows that the BCA was granted €5 million rather than the €9 million which Azzopardi had stated.

Azzopardi clarifies that the €5 million was for the core operating costs of the authority, while the remaining €4 million were through and for various grants.

The State Advocate asks – the first time that the office is asking a question - whether Azzopardi was at any time chairman of INDIS Malta, to which he replies that he was.

That concludes his testimony.

09:58: Comodini Cachia asks about the BCA chairperson and whether he was consulted about it.  Azzopardi says he was not consulted on her appointment nor on the appointment of the board.

In a case like that of Jean Paul Sofia, are there obligations for the BCA to receive notifications or be on site, Comodini Cachia asks.

Azzopardi says that since there is no third party issue – in the sense that the building doesn’t touch on third parties – then the remit of the BCA is limited, but he adds that he believes that as regulator of the standards of construction then it must look into what happened in such a case.

Comodini Cachia asks whether the OHSA was considered as a stakeholder for the BCA, to which he replies that he met with the OHSA within the first week of his appointment and a memorandum of understanding was signed.

He says that he had given instructions to BCA inspectors that if they see visible health and safety breaches, they immediately advise the OHSA.

09:53: Therese Comodini Cachia is now asking questions on behalf of the Sofia family.

She asks about Azzopardi’s plans for the licensing of contractors, and on whether that included that a contractor is personally liable for anything which may go wrong. Azzopardi replies that it did.

He says that by latest 2022, the Cabinet had drafts in hand of the proposed legislation for the licensing of contractors, feedback on it was received and work began on that feedback.

“My proposal was different”, Azzopardi says when asked how the original document varied with what was eventually published.

There was more holistic approach, not just a structural approach to construction and demolition, and there was a strong element that everything had to be designed according to the exigencies of the site, Azzopardi says.

Every person involved in the site – even those managing traffic near the site, or those doing gypsum boards – had to be trained in it, Azzopardi says.

09:49: Board member and Auditor General Charles Deguara asks what the default rate was for inspections which the BCA did – basically meaning, how many sites failed the BCA’s inspections.

Azzopardi however says that he does not have the data at hand, but that he did do a CEO’s report every month including such data and they did lead to court cases.

Deguara asks whether the disagreement between Azzopardi and Minister Zrinzo Azzopardi stemmed from the minister not wishing to engage more people, particularly on enforcement, but Azzopardi doesn’t believe that this was the case.

He says that he wasn’t given the flexibility he desired to work on the plan he had.

09:45: Zammit McKeon asks whether the site where the death of Jean Paul Sofia happened ever came under his attention as BCA CEO – be it as enforcement, planning considerations, or otherwise.

Azzopardi says that the site never did come to his attention.  He got to know of the incident from the media like anyone else – keeping in mind that he wasn’t working at the BCA at the time of the collapse.

Cassar asks whether a method statement should be presented as part of the planning process.

Azzopardi says that his aspiration was for a building passport to be introduced, wherein the enforcement is staged and there are ad-hoc inspections which look at each stage of the project and they are certified accordingly with the data being stored in one place.  The building would then be subject to inspections even after it is built to ensure that it remains in a good state.

09:40: Board member and architect Mario Cassar now asks a host of technical questions, amongst them one being related to insurance policies for contractors.

Azzopardi says that he believes that insurance is “paramount” even for contractors, and this has to be at any stage – but the packages themselves have to exist.

Cassar asks whether the stipulation that a contractor must have insurance – as is in a legal notice – also includes protection for third parties.  Azzopardi isn’t entirely sure as he had left the authority by then.

09:36: Zammit McKeon asks how Azzopardi left the BCA.

Azzopardi says that after the 2022 general election it was clear that his strategic plan was not in conformity with what the new minister for the sector wanted.

“There was a particular meeting where we simply agree to disagree, which to me meant that I would be moving on,” Azzopardi says.

However, Azzopardi says that he did not resign.

“I felt from the language used that if I stayed there…  I couldn’t stay there… the minister appoints you, the minister can remove you,” Azzopardi says.

Azzopardi says that in this meeting he wanted to continue to engage more people and open more consultations, rather than to “stop and wait”, but he “felt” that there was a divergence in direction.

The Minister concerned at this point was current Planning Minister Stefan Zrinzo Azzopardi.

“He did not agree with my leadership of the BCA,” Azzopardi says

Zammit McKeon points out that Azzopardi’s contract was for three years, so the minister cannot simply “remove” him.

Azzopardi confirms, in fact, that his departure from the authority was imposed as a “constructive dismissal” and that he in fact opened a case before the industrial tribunal on his sacking.  The case is still pending a decision.

09:31: Zammit McKeon asks Azzopardi whether he knew chairperson Maria Schembri Grima prior to her appointment, to which Azzopardi replies in the negative.

Azzopardi says that he did not even know what clients she worked with at the time.

A reminder, as already explained in an earlier update, Grima was the architect for Joseph Portelli.

09:26: Azzopardi says that he started with around 45 people, and by the time he left just over a year later, there were around 70 employed.

Between 9 and 11 people – Azzopardi isn’t totally sure about the number – were engaged as on the ground inspectors for enforcement.

Zammit McKeon asks about the competencies on the board, to which Azzopardi replies that there were a number of experts from varying fields and representatives of various areas which pertain to the sector.

Some of these were architects – as Azzopardi confirms – and Zammit McKeon asks Azzopardi whether he had gotten himself into whether there was a conflict of interest between those architects - such as the chairperson - being on the board and continuing their private practice within the industry.

He says that he does not see there being a conflict of interest in this, and actually adds that he believes that it is a strength as they get a better feel for the industry and how it is developing.

09:22: Zammit McKeon asks what type of budget the BCA had sought.

Azzopardi says that the first request was for €18 million, but it ultimately got €9 million.  This was supported by a business plan which outlined how the authority would develop, even from a human resources perspective.

Zammit McKeon asks Azzopardi what his plan was for the human resources of the agency, to which he replies that the plan was for no less than 300 people to be employed.

The recruitment never reached these levels, even due to the budget which was granted being half what was sought.

The general election then slowed recruitment down even further, Azzopardi says.

09:18: Azzopardi details four reforms that the BCA has introduced.

The first is a National Building Code, the second is the licensing of contractors, the third is the mandatory skills card for workers, and the fourth is the Energy Performance Certificate.

The BCA then delved into education and into promoting skills which have been lost, and to work with educational institutions to offer courses which can lead to licensing.

09:14: Azzopardi details his work in the first months of the BCA, saying that the authority “rolled up its sleeves” created working groups first and foremost to understand the industry and to take a snapshot.

Zammit McKeon says that he imagines that part of the work as rolling up its sleeves concerned “bringing order” to the situation.  He asks whether a recommendation was made to the Planning Authority to slow down the amount of permits which were being granted so that they have time to get order.

Azzopardi says that there were a number of technical meetings and workshops with the Planning Authority, where it was specified that the BCA’s work can be combined with that of the PA.

Zammit McKeon says that he understands that, but if he were to be CEO of such a new authority, the first thing he would do is to seek order: “Before we are seeing the standards we want, give us some time to get on our feet… did something happen to this end?  And if there was, did you get feedback from the PA?”

Azzopardi says that these discussions happened and there was a preliminary agreement for the BCA to have an input at planning stage of an application.

“The problems in the sectors are vast… that which wasn’t done in 30 or 40 years, there has to be a staggered approach to address without a shock,” Azzopardi says.

09:09: Zammit McKeon asks whether there was a process of consultation – real consultation, and not giving the finished text to stakeholders and asking for feedback – in the setting up of the BCA, but Azzopardi says that he wasn’t part of the process at the time.

The board and Azzopardi are discussing the ministerial portfolios that the BCA was under.  The process for its establishment was under Ian Borg’s responsibility before it shifted to Minister Aaron Farrugia.

Azzopardi was appointed as the authority’s first CEO, a post he held for just over a year.

He says that there was an 11-person board which was chaired by Maria Schembri Grima.  Grima’s appointment as chairperson had stoked controversy particularly as she is the architect of choice for Gozitan mega-developer Joseph Portelli.

She resigned her post last February after a wall which was part of the project she was the architect of collapsed into a road in Birkirkara.

09:04: Azzopardi explains that the BCA was initially set up as an agency, but a report – which he had co-authored – had then recommended that it be turned into an authority which regulates the construction industry.

Public inquiry chair Joseph Zammit McKeon queries how they decided that another authority would be required when there already existed other authorities.

Azzopardi replies that the need was because there are different functions: the Planning Authority is there to regulate the design and architecture aspect of a project, but the BCA was set out to regulate the standards and practices in the construction industry.

09:00: We are straight down to business:  Karl Azzopardi, who was a board member of the Building & Construction Authority (BCA), is summoned to the witness stand.

08:59: Good morning, we are live from court room 22 as the third sitting of the public inquiry into the death of Jean Paul Sofia continues.