The owner of a Zurrieq quarry whose employee lost his life following an accident with a forklifter was today fined €3,000 after he was found guilty of failing to adhere to safety rules.

The sum is the maximum he could be fined according to the law at the time of the incident.

The victim, Loreto Cutajar of Gudja was driving a dilapidated fork lifter in January 2002, when the brakes failed and the machine took a five-foot plunge off of a ramp.

As the machine fell Mr Cutajar jumped from it in an attempt to escape but ended up underneath it. He was impaled through the chest by one of the prongs. He called his boss and long-time friend, Nazzareno Scicluna, 59, from Siġġiewi and told him about the accident.

Mr Scicluna phoned an ambulance and rushed to the scene, where he began lifting the machine off of him using another piece of equipment until civil protection officers arrived and used the same piece of equipment to free him.

In his judgement, Magistrate Antonio Micallef Trigona said the fork lifter had a number of faults including a faulty handbrake, faults with the steering and a worn out tyre. There were also a number of other deficiencies in the quarry.

Following Mr Cutajar's death Mr Scicluna's insurance company paid out damages to the tune of €35,000 to his family which amount was then doubled by Mr Scicluna out of his own free will.

The magistrate found Mr Scicluna guilty of failing to adhere to safety regulations and that the victim had contributed to his own death.

Lawyers Emanuel Mallia and Arthur Azzopardi appeared for Mr Scicluna.