The Constitutional Court has overturned a previous ruling that had sided with Ludwig Dimech, rejecting his claim that the release of a construction site in Ħamrun violated his right to a fair hearing in the case over the involuntary homicide of Miriam Pace.

The decision, delivered on Monday by Chief Justice Mark Chetcuti, with Judges Giannino Caruana Demajo and Anthony Ellul, came after appeals by the State Advocate, MCZMC Developers Ltd, and an incidental appeal by the Pace family.

Dimech, along with co-accused Nicholas Spiteri, faces charges linked to the tragic incident on 2 March 2020, when a construction site collapse led to Pace's death.

The court found that Dimech suffered no prejudice from the release of the site, which had been documented thoroughly through photographs, videos, and expert reports.

While Dimech had argued that physical access was necessary to prepare his defence and to allow jurors to understand the scene, the judges concluded that the evidence preserved during the investigation provided all necessary information.

The Constitutional Court also dismissed claims regarding procedural deficiencies, noting that Dimech and his lawyers had attended the relevant hearing and voiced no objections at the time.

Furthermore, the court ruled that equality of arms had been maintained, as the key evidential material was preserved in its original state during the inquiry.

In its final judgment, the court annulled the portion of the previous decision that had halted the release of MCZMC Ltd's site, confirmed procedural releases involving the Police Commissioner and Attorney General, upheld the appeals of the State Advocate and MCZMC Ltd, and rejected all claims by Dimech.

He was also ordered to cover the costs related to the appeals.