A man who was lost at sea in 1998 has been officially declared dead following a request by his widow and children.

Monica Fenech had been informed by her father-in-law that her husband, Mario, had not returned from a fishing trip.

Mr and Mrs Fenech had three children and Mr Fenech also had a daughter from another relationship.

The vessel had sunk between Malta and Sicily after running into trouble some 12 miles off Porto Palo.

An officer from the Armed Forces of Malta informed Mrs Fenech that her husband’s vessel had been spotted underwater.

The body of Mr Ben Habib had been recovered by the Italian navy. However, Mr Fenech’s body fell into the water and sunk during the salvage operation. It was never recovered.

Mr Justice Mark Chetcuti noted that a missing person could be presumed dead after the lapse of 10 years from when he had last been seen.

There was no doubt, said that court, that Mr Fenech was no longer alive. The newspaper reports at the time gave rise to a logical and reasonable presumption that he had died in an accident between Malta and Sicily.

The court, therefore, upheld Mrs Fenech’s request and declared that she and the four children were Mr Fenech’s heirs and that he was to be deemed dead.