Two directors of a construction company were held criminally responsible for the death of a 19-year old Frenchman, crushed to death under a collapsed brick wall at a Swieqi holiday home eight years ago.

James Mifsud and Gordon Farrugia, directors of Buz-Dov Developments Ltd, were each handed a two-year jail term suspended for four years after being declared guilty of the involuntary homicide of Quentin Michel, the teenage victim who had just settled into the maisonette where the tragic incident took place.

The Frenchman had landed in Malta on August 1, 2011 at around 8.30pm and within the hour had reached the holiday home he was to share with a number of friends, whom he joined later that evening for some “funny photos and souvenirs” by the pool.

Yet, what was originally meant to be a fun night soon turned into tragedy when the young man, leaning hands flat down on a brick wall by a staircase near the pool for his friends to capture the moment on camera, ended up crushed under the bricks which toppled down.

Police from the St Julian’s district office later recounted how they had found the other holiday-makers “terrified, shocked and scared after the loss of their friend” who was “lying on the ground unconscious” while his friends tried to remove the bricks under which he was trapped. 

[The court] called for the setting up of an authority to oversee this sector which was at the forefront of our local economy

Criminal action was instituted against the construction company directors and the couple who had rented out the property to the party of friends at a time when the maisonette had not yet been licensed with the Malta Tourism Authority.

Twenty bricks crushed the victim

In the course of proceedings, medical experts confirmed that the victim had died on account of chest trauma, resulting in fractured ribs and lacerated lungs, when some twenty bricks had come toppling down upon him.

His friends had provided witness accounts of the tragedy, one of them testifying as to how “while descending the stairs, Quentin tried simulating, as if he was about to scale the wall, while I was attempting to take some photos. Quentin tried another time, with his right foot resting on the stairs, and his left foot raised slightly above the stairs against the wall. At that point I could see that the wall was swinging, and all of a sudden it gave way with a number of bricks falling on Quentin.”

Court expert reports and photos from the scene showed that the wall had not been fastened to the rock face behind it. Nor was there sufficient mortar binding the 7” hollow bricks.

The court, presided over by magistrate Donatella Frendo Dimech, observed that the wall was a “frail structure lacking strength and robustness” weakened further by visible cracks which easily gave way under the slight pressure of the slight-statured victim.

Three architects testifying in the case had confirmed that the wall had not been marked in the original plans for the maisonette, nor in subsequent plans submitted to MEPA for approval of minor amendments.

Indeed, one of the directors had said that he had been instructed to build the wall by the owner of the property who had wanted to cover up water and drainage leaks in the background rock.

Once built, the wall had not been certified by any architect. Nor had there been a foreman supervising the building works.

Why didn’t he consult an architect to confirm that the wall was structurally sound?

“Why didn’t he consult an architect to confirm that the wall was structurally sound?” questioned the court, remarking that whereas professionals faced years of study, warranting and certification procedures, masons and contractors appeared to lack scrutiny and regulations to ensure their competence.

It had become a daily occurrence to spot foreigners working at construction sites, often inexperienced and thus presenting a risk to their own safety and that of others, the court went on, urging the setting up of an authority to oversee this sector which was at the forefront of our local economy.

In the light of all evidence, the court held both directors responsible for the involuntary death and condemned them each to a 2-year jail term suspended for four years, deeming the circumstances not to merit effective imprisonment.

As for the owners of the property, Antoine and Marlene Attard, who had registered their maisonette as holiday accommodation since 2012, the court could not find them guilty of operating the premises without a licence since the offence was not reflected in the charges as worded by the AG.

The owners of the property had also been charged with involuntary homicide but this was not proved in their regard. The court pinned responsibility upon the contractors. Although they claimed to have acted upon the instructions of the owner, that did not exonerate them from responsibility for making sure that the wall was structurally sound.

Senior Inspector Trevor Micallef prosecuted.
Lawyer Michael Zammit Maempel appeared parte civile.
Lawyers Joseph Giglio and Robert Abela were counsel to the owners.
Lawyer Joseph Ellis was counsel to the directors.