The widow and son of the victim of a workplace accident were denied compensation for their tragic loss today after a court decided the worker had been responsible for his own death since he had failed to wear protective gear. 

Mary Ann Borg, personally and on behalf of her son Daniel, had filed a lawsuit against Enemalta Corporation and Charles Bonello, holding them responsible for the accident which had killed her husband. 

On October 21, 2002, Joseph Borg, the victim, had been working alongside Charles Bonello and Vince Caruana on a construction site in Triq Maqdes Ruman, Mtarfa when the accident occurred. 

The court, presided by Mr Justice Silvio Meli, was told that Vince Caruana was handling the ready-mix machinery to transfer concrete onto the roof of a garage, while Charles Bonello was maneuvering the concrete drum. None of the workmen realised that the crane's suspension steel cable had come into contact with the electricity wires on the street. 

The court-appointed experts, Prof. Carmel Pule and Prof. Richard Aquilina, who had drawn up an on-site report, had concluded that the primary cause of death was the lack of safety precautions by the victim. 

When the crane's steel cable hit the electricity cables which were partially uncovered, a lethal flow of current passed through the machinery, the court was told. As soon as Joseph Borg touched the 'live' concrete drum, he was electrocuted.

The court, in agreement with the findings of the experts, concluded that the fact that Mr Borg was wearing wet slippers made it easier for the current to flow through him. 

Since Mr Borg was responsible for his own death, the court rejected the applicants' claim for compensation.