Two company officials linked to the Barracuda Restaurant in St Julian's have been cleared of criminal liability over the 2016 collapse of a balcony which left two French nationals seriously injured.

Walter Gualtiero Cassar and Denise Nicola Cachia were acquitted by the court after the court found that the prosecution failed to prove negligence or to establish that the accused held the roles attributed to them in the charge sheet.

The incident occurred on 16 May 2016 (photo above), when part of the first-floor terrace at the popular Balluta eatery suddenly gave way while diners were seated outside. Eight French tourists were injured, including one who was admitted to Mater Dei Hospital's Intensive Care Unit and initially certified to be in danger of dying. Another diner also suffered grievous injuries.

The prosecution had accused Cassar, alleged to be the restaurant owner, and Cachia, named as a company director, of negligently causing grievous bodily harm.

However, defence lawyers argued, in a preliminary submission, that no evidence linked either accused to the establishment in the roles described.

Cassar testified that he was chairman of Barracuda Ltd, the company operating Barracuda, Piccolo Padre and Hotel Juliani, but denied being the personal owner of the restaurant.

The court observed that no corporate documentation was produced to substantiate the accusations, nor proof that Cachia had any operational responsibility over the venue at the time.

Although upholding that preliminary objection, the court nonetheless reviewed the entirety of the evidence to assess whether negligence could be established. Expert reports exhibited in court, including medical certificates confirming grievous injuries to the two, concluded that the balcony structure had a latent defect.

Court experts Robert Musumeci and Joseph Bugeja, who assisted the magisterial inquiry, testified that the area had been previously subjected to high-quality repair works using durable grout, indicating that maintenance had been carried out.

However, they stated that there had been no visible external signs suggesting imminent structural failure. The collapse, they said, could neither be foreseen nor prevented through reasonable precaution.

Musumeci also noted that while the event could not be classified as force majeure, it was also not predictable in the circumstances. The expert evidence showed the terrace was not outwardly unsafe, and no warning signs were visible before the incident.

Given this, the court concluded that the prosecution had not proven negligence or a causal link between the accused and the collapse beyond reasonable doubt. Cassar had testified that he regularly checked the terrace columns and always found them "in perfect condition."

In these circumstances, the court ruled that the collapse could not reasonably have been anticipated and declared both Cassar and Cachia not guilty of all charges relating to the incident.

Magistrate Donatella Frendo Dimech presided over the case.