A 44-year-old contractor was fined €11,600 yesterday after failing to provide the adequate safety equipment to a worker who died on a building site.
Raymond Micallef was found guilty of the involuntary homicide of Joseph Pepe, 56, after a roof collapsed on top of him in a house in Sta Venera almost exactly seven years ago.
Mr Pepe was, however, also held responsible for his own death after it came to light that he had chosen to continue working beneath a roof he knew to be sagging.
The incident happened on September 26, 2003 at around 2.30 p.m. as work was being carried out to demolish a house and build apartments in Triq il-Kukkanja.
Mr Micallef had also originally been charged with another man, Elton Bowell, 34, but the latter was acquitted after the magistrate found that Mr Bowell was an employee.
The court appointed architect, Valerio Schembri, in his report said the demolition of a staircase inside the house was being carried out under the direction of Mr Micallef and against proper practice.
The accident probably happened when a wall was demolished leaving the roof above the staircase unsupported.
Mr Bowell and another worker, Christopher Galea, said that they had asked Mr Micallef to provide supporting equipment, such as scaffolding, to support the roof, but he told them there was no need to as it was supported by double wire mesh.
When Mr Micallef was questioned, he said he could not remember telling them this, Mr Schembri said in the report.
Taking the witness stand, Mr Galea said the roof was sagging and added that he had told the victim that since they had no safety equipment, they should not carry on.
However, the victim told him it was the last thing they needed to do before finishing off.
Magistrate Demicoli said that she took into consideration the fact that the victim was also to blame for his own death since he ignored the danger but also that Mr Micallef should be given the maximum penalty for his involvement. Mr Bowell was acquitted.
Lawyers Emanuel Mallia and Arthur Azzopardi appeared for Mr Micallef while lawyer Joe Brincat appeared for Mr Bowell.