The directors of a construction company and a foreman were fined almost €35,000 between them after they were found responsible for the death of a man who fell a height of nine storeys a day after turning 27.
James Aquilina died just two weeks after he started working for Devlands Limited.
The incident happened at about 11am on November 26, 2007, when Mr Aquilina, from Siġġiewi, was working with a colleague on the top floor of a block of apartments in Triq it-Tamar, Qawra.
Read: Five accused of causing worker's death in fall
Devlands directors Charles Deguara, 71, from Iklin, Martin Deguara, 63, from Naxxar, Brian Micallef, 40, from Mosta and Emmanuel Micallef, 70, also from Mosta, together with foreman Antoine Mallia, 46, from Birkirkara, were found guilty of involuntarily causing Mr Aquilina’s death.
They were also found guilty of failing to take appropriate measures to ensure no one working on the project would injure himself, failing to make a proper risk assessment on dangers to their workers’ health and safety and of ensuring that safety barriers, handrails and safety nets were in place to ensure proper health and safety standards.
Failing to take appropriate safety measures
Mr Aquilina was working with his colleague, Joseph Taliana, when the incident happened. Mr Taliana told Magistrate Josette Demicoli that Mr Aquilina was squatting, placing spacers on the wooden shuttering prior to applying cement when he fell into the lift shaft, a drop of 27 metres, while moving backwards.
The directors and the foreman argued they were not responsible for the fatality, saying the incident occurred because Mr Aquilina was careless. They claimed that, his birthday having fallen the previous day, he probably went out that night.
But the court still held them were solely responsible for the man’s death. A pathologist reported that Mr Aquilina had negligible alcohol in his blood.
The magistrate also found that, despite his insistence to the contrary, Mr Mallia was responsible for the daily running of the construction site and workers had testified they used to receive orders from him.
She fined each of the four directors €7,000 and Mr Mallia €6,750.
Police Superintendent Maurice Curmi and Police Inspector Therese Sciberras prosecuted.
How the Times of Malta reported the incident in November 2007.