The directors of two construction companies have been acquitted of liability in the death of a 17-year-old worker, with the court declaring that the victim himself may have been to blame. 

Frank John Fenech from Luqa fell to his death while helping with electricity works on a block of flats in Ċensu Xerri Street, Sliema at 8.15 a.m. on June 18, 2004.

 Lorenzo Ellul, 58, and his three brothers, John, 50, Salvu, 47, all from Mqabba, and Carmelo , 43, from Żurrieq, who are the company directors of Elbros Construction Limited were charged with negligence and failing to adhere to safety regulations.

Jack Scerri, 64, from San Ġwann and Dolores Scerri, 62, from St Pau'ls Bay, directors of Jacksons Co Ltd,  were also accused of responsibility.

Magistrate Audrey Demicoli said that the Ellul brothers she could not be found liable because they had been charged as directors of a company that simply did not exist at the time.

The court also noted that on the day in question, the victim had been employed by the second company to carry out works on the inside of the penthouse apartment and not on the outside.

From the evidence produced, it was reasonable to believe that the victim had fallen after he tried to jump from one balcony to another, a distance of a meter and a half, when trying to get to the second apartment instead of walking down the stairs and entering the adjoining block to get to the apartment properly, the magistrate said.

If the victim was employed to work on the outside of the block then that would have been a different story because then the company would have to provide safety equipment specifically designed for him to work on the outside.

The magistrate added that Jacksons Company Limited had proved that they had supplied everything necessary to the victim and they could not have reasonably expected him to put his life in danger like that and jump from one balcony to another.

She therefore acquitted the directors of liability.