Francis Mamo, 56, the owner of the building where a two-year-old boy died after falling down a shaft in 2008 was today sentenced to a jail term of 30 months after being convicted of involuntary homicide.

Young Gabriel Agius, who was almost three, died when he fell the height of one storey down a shaft that led to the second underground floor of the basement garages at Dawret in-Niżla ta' San Pawl Street, Żebbuġ.

He had been accompanied by his mother as they walked towards their garage in pitch darkness when the tragedy happened.

Mr Mamo was also accused of  ignoring warnings by the police about the dangerous state of the building and a flight of steps in the area. But the charges were declared time-barred.

Magistrate Doreen Clarke said no punishment could ever make up for loss of life, especially the life of a two-year-old child.

The accused was not a violent man. Nor did he need reform of his character. But this did not mean that a prison term was not justified, and the court needed to send a clear message to society.

In this case, the Magistrate said, the accused could not claim inexperience. He had ignored what his experience should have taught him, and the consequence was the tragic death of a young boy.

The court felt its only course of action was to impose a jail term, mindful also of other factors, including the role which the mother Vanessa Agius, could have had.

Franco Debono and Charmaine Cherrett appeared for the family and Pawlu Lia for the defence.

Lawyers Franco Debono and Charmaine Charett appeared parte civile.

See also - Mother recalls toddler's fatal fall http://www.timesofmalta.com/articles/view/20081124/local/mother-recounts-toddlers-fatal-fall.234427