Two months after dozens were injured when a glass banister outside a Paceville club collapsed, Justice Minister Owen Bonnici unveiled the inquiry’s damning findings.
What triggered the stampede?
On the night of November 15, at about 12.50am a fight broke out inside the Plus One club, involving a 17-year-old Maltese national and a foreigner.
At some point Zach Latif, 18, aimed pepper spray at the foreigner and the fight ended, with all those involved leaving the club. Meanwhile, aided by the air-conditioning units, the pepper spray diffused rapidly into the establishment, causing a number of patrons to faint while others started to cough.
A Serb security officer inside the club urged all those present to head for the exit, triggering a stampede which left some people injured at the foot of the staircase, outside the club.
When they saw this the two security officers outside, who were completely oblivious to their colleague’s evacuation order, blocked the exit fearing that the people on the ground could be hurt.
Consequently, panic-stricken clubbers were trapped in the staircase and eventually the 2cm-thick glass banister gave way, bringing down with it dozens of youths who fell from a considerable height.
It was only after the collapse, when it was too late, that two supposed emergency exits leading to adjacent clubs were opened. Only about 40 people actually used this alternate route.
Is the Plus One club to blame?
In its conclusions the inquiry highlighted a series of shortcomings, saying the incident “could have been easily avoided” had “the right provisions been taken in the construction of the protective barrier for the staircase leading to the main entrance”.
In addition, the investigation revealed several other failings, namely:
The club is administrated by Three Sixty Limited, whose directors are Hugo Chetcuti, Francis Grima, Raymond Grima and Carlos Schembri. However, the Malta Tourism Authority licence issued in 2003 for a disco and a nightclub was in the name of Carlos Schembri on behalf of Hugo Cast and Co. Ltd and not Three Sixty Limited.
The club was overcrowded, with an estimated 450 clubbers, which was more than double its official capacity of 200 patrons
A safety audit was carried out in 2004, but “it seems” that no further risk assessments have been done ever since.
None of the alternate outlets leading to adjacent clubs met the emergency exit safety standards.
The club was overcrowded, with an estimated 450 clubbers, which was more than double its official capacity of 200 patrons.
There were 34 underage persons, including a 13-year-old, inside the club. The majority had not been asked to present their ID card at the entrance, meaning no checks were carried out by the club to verify their age.
Four underage persons consumed alcohol, which was bought at the bar by a 15-year-old.
Several people were illegally smoking inside the club, including the Serb bouncer.
At the back part of the club there was a cigarette vending machine, but very little monitoring was being exercised to ensure no underage people made use of it.
No fewer than 13 club employees and the Serb bouncer were illegally employed, as none of them was registered with the Employment Training Corporation.
Nine bouncers, as well as the Serb, had no licence as private security guards.
No health and safety training was ever provided by the club owners.
Doubts were expressed whether an entertainment establishment monitoring board (a government entity) had ever carried out an inspection at the club.
Who paid the price?
A total of 14 persons suffered grievous injuries, including two very serious cases involving young women who were in a critical condition but have since turned for the better.
One case could have led to traumatic asphyxia, as the victim nearly suffocated due to the excessive pressure exerted on her chest during the stampede. The second case involved deep lacerations caused by the glass banister, which caused the victim to lose huge amounts of blood.
A further 48 people suffered slight injuries in the stampede, while 47 clubbers were directly affected by the pepper spray.
What next?
In is conclusions the inquiring Magistrate Doreen Clarke outlined the grounds on which the police could press charges, listing 19 possible counts. Arraignments are expected in the coming days.
When contacted, director Carlos Schembri said he was abroad and had not seen the report, and was therefore unable to comment.
The inquiry recommended that the Plus One directors and managers be charged with lack of health and safety measures, including emergency exits; failing to carry a proper risk assessment exercise; allowing in underage clubbers; running an unlicensed catering establishment; transferring the licence to a third party without MTA consent; selling alcohol to underage persons; making cigarettes easily available to underage persons through an unguarded vending machine; and allowing smoking.
The directors of Three Sixty Ltd, the managers on duty and the 18-year-old who made use of the pepper spray may also be charged with causing involuntary injuries in the staircase collapse. Other recommendations related to the illegal use of pepper spray and the employment of unlicensed bouncers.