A court today awarded the widow and children of a 1995 Piper Lance accident victim €288,000 in damages.

Philip Farrugia was an assistant driller on an oil rig in Libya and was a passenger on the Piper Lance on his way to Malta when it crashed into the sea on December 3, 1995. His wife Grace and children Rachel Portelli and Angie Farrugia filed for damages.

Mr Justice Ellul said that the plane belonged to Sun Aviation Ltd, a company owned by Mr Bartolo, and that it had been covered by a certificate of airworthiness issued in January 1995. The plane was also licensed for use as public transport.

The court heard that Carmel Bartolo also had another company, Excelair Ltd which owned two more planes. Mr Bartolo was licensed as a commercial pilot.

Following the accident an investigation carried out by the Transport Ministry, which concluded that there had been lack of aircraft airworthiness, adverse weather conditions and pilot fatigue, anxiety and stress, though no certain proof of what had led to the crash.

Evidence produced showed that on the day preceding the accident, other passengers on the plane had complained that the plane was not in a good condition. It also resulted that on the day of the accident the weather conditions were adverse and that warnings had been issued to all aircraft.

The court found Sun Aviation Ltd, Excelair Ltd and the heirs of pilot Carmelo Bartolo responsible for the incident and ordered them to pay the amount with interest as from today.

At the time of the accident Mr Farrugia was 42 years old and earned a salary on US $2,000 per month.

The family were represented by David Camilleri and Joseph Gatt.

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