A woman who was seriously injured in the Save-On supermarket false ceiling collapse 25 years ago, which also took her daughter’s life, has been awarded €8,000 in moral damages by the Constitutional Court.

Last year Iris Cassar, who filed the case with her husband, Michael, was granted €5,000 in moral damages because it took the Civil Courts 20 years to make a decision on her case. The couple appealed the decision and the amount was increased by €3,000.

“The fact remains that the judicial system seriously failed them and, because it breached their right for a hearing within reasonable time, there was a grave injustice that deserves higher compensation,” concluded the Constitutional Court, presided over by Chief Justice Silvio Camilleri, Mr Justice Giannino Caruana Demajo and Mr Justice Noel Cuschieri.

The Cassars noted that their 28-year-old daughter, Marthese Caruana, had died in the Paola supermarket collapse in July 1990 while Ms Cassar, who was 45 at the time, suffered from a broken thigh and calf bone as well as bruising along her spine.

She was pulled unconscious from the debris and mounds of food items. In addition to her physical injuries, she also suffered psychologically and had to deal with depression.

Without seeking the advice of an architect, supermarket owner Francis Gauci had designed and built the internal shelving and false ceiling that collapsed under the weight of the packed shelves. Compensation for the death of Ms Caruana, who had a two-year-old at the time, was settled out of court with her husband.

Because the judicial system breached their right to a hearing within reasonable time, there was a grave injustice

In September 1992, the Cassars filed an action for damages against the supermarket owner.

But the case was only decided by the First Hall of the Civil Court in March 2011, when Ms Cassar was awarded €40,000 in damages for her injuries. This was appealed and reduced to €28,000 in 2012.

That meant it took the courts more than 20 years to decide on the action for damages.

The Cassars said, in their plea, that they felt it was unreasonable because the case presented no extraordinary problems.

The duration of the court case violated their fundamental human right to a fair hearing within a reasonable time. The First Hall of the Civil Court, in its constitutional jurisdiction, ruled that their right had been violated and granted them €5,000 in moral damages.

Both the Attorney General and the couple appealed. The Attorney General claimed the compensation was excessive, as the court had overlooked certain factors, including the complexity of the case. The couple argued that the damages were not sufficient.

The Constitutional Court turned down the Attorney General’s appeal but upheld that of the couple and increased the moral damages to €8,000.