An inquiry into the death of a 36-year-old diver at the Palumbo shipyard in March has concluded the company’s directors should face criminal charges, the Times of Malta can reveal.

Patrick Vella, from Żejtun, died while carrying out work at the shipyards where he was called to repair a faulty underwater mechanism used to empty a drydock. He died from asphyxia due to drowning and left behind three children.

Sources told this newspaper the findings of Magistrate Joseph Mifsud’s inquiry have been passed to the Attorney General. They conclude that criminal action should be taken against the directors for alleged breaches of occupational health and safety legislation.

Mr Vella, a marine biologist, was an experienced diver who died after he was sucked into the gate valve of Dock 4 due to differential pressure at the valve’s opening.

Divers should never enter the water alone – a basic rule Mr Vella seems to have ignored. He also did not enter the water from a safe place where the differential pressure would have pushed him away from the gate valve’s opening, according to the findings.

Yet it seems safety procedures at the company may also been lacking, especially when third parties were contracted to do works on the dock at the shipyard. The responsibility for ensuring safety ultimately lies with the company.

A spokesman for Palumbo said that workers had spotted a fault in the underwater mechanism and called in Mr Vella to help. But, as the minutes ticked away, the diver never resurfaced and workers called for help.

A Palumbo spokesman denied there was any underwater mechanism that could create suction.

Additional reporting: Leonard Callus