Court proceedings against 23 people over the Paceville club incident, in which dozens of young people were injured, were stalled yesterday after the defence said it had not been given enough time to examine the 13-volume magisterial inquiry.
Lawyer Joe Giglio said the defence had not planned on asking for more time but the prosecution had chosen a procedure which uses testimony given before the magisterial inquiry instead of summoning witnesses to testify again.
The inquiry records had been made available to the prosecution and to the Justice Minister but not to the defence, he said. The defence were only presented with the conclusions and not the evidence.
Magistrate Ian Farrugia granted the request for more time, with the next sitting scheduled for April 8.
Among those accused in the PlusOne club incident are Hugo Chetcuti, 49, and Francis Grima, 58, as directors of Three Sixty Limited, together with licensee Carlo Schembri, 41, and manager Jonathan Grima, 37.
Defence says not enough time to examine inquiry
They have been charged with causing various people grievous injuries through negligence and failing to observe regulations.
Mr Grima did not appear in court yesterday because he was abroad, the court was told.
The four men were also accused of operating an unlicensed catering outlet and are faced with a list of health and safety regulation charges, including failure to ensure the safety of patrons in their establishment and to maintain emergency exits, doors and fire extinguishers. They were also accused of failing to notify the Employment and Training Corporation (ETC) when engaging staff and employing unlicensed bouncers.
Together with PlusOne manager Mark Azzopardi, 26, they also stand charged with allowing youngsters under 17 to enter the club, selling them alcohol and cigarettes and allowing smoking in an enclosed area.
Stephen Ciangura, a 38-year-old serving member of the AFM who is also a personal chauffeur to Malta Council for Science and Technology chairman Jeffrey Pullicino Orlando and owns security company Executive Security Services Ltd, was also arraigned together with his mother Teresa, 66, in whose name the company is registered.
They stand charged with employing an unlicensed bouncer and failing to inform the ETC about it.
Zach Latif, 18, and Andre Bugeja, 17, who according to the magisterial inquiry sparked off the incident with a brawl in which the 18-year-old used pepper spray, were charged with causing various people grievous injuries by not observing the law and breaching public peace.
Mr Latif stands charged with using a prohibited substance.
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.
Two security officers blocked the exit
Serb security officer Bojan Spasic, who was 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 young people 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 alternative route.
A total of 74 people were reported hospitalised that night.
The 22-year-old Serb stands accused of causing grievous bodily harm to several people through imprudence, carelessness and non-observance of regulations and of smoking in an enclosed area. He did not appear in court yesterday because he was not located.
Bouncers Mark Dimech, 34, Russell Vassallo, 22, Emanuel Catania, 54, Roderick Caruana, 27, Tyson Grech, 20 (who failed to appear in court and was slapped with a €500 fine), Christian El Ichati, 19, Wayne Catania, 25, Constantine Borg, 48, and Sammy Grima, 43, are accused of working without a licence.
The group of bouncers, together with Noel Agius, 41, and Renard Tabone, 38, stand charged with allowing minors to enter the club.
Bartenders Clayton Camilleri, 29, and Vanessa Farrugia, 19, were accused of providing minors with alcohol.
Inspectors Elton Taliana, Saviour Baldacchino and James Grech are prosecuting.
Lawyers Arthur Azzopardi, Dr Giglio, Antonio Depasquale, Toni Abela, Steve Tonna Lowell, and Joe Brincat are defending the accused while Kathleen Grima is appearing parte civile for two of the 17-year-old victims. Magistrate Ian Farrugia is presiding over the case.