Factory worker’s acquittal over death of 17-year-old employee confirmed on appeal

A factory worker’s acquittal on charges relating to the tragic workplace death of a young colleague in 2015, has been confirmed on appeal.

The Court of Criminal Appeal, presided by Madam Justice Consuelo Scerri Herrera, found no reason to change last May’s decision by the Court of Magistrates not to find 52-year-old David Blundell responsible for the death of 17-year old Matthew Bartolo.

Bartolo died as a result of a horrific accident at the Construct Furniture factory in Luqa, after becoming stuck in a woodworking machine.

Blundell, an experienced carpenter who had been supervising Bartolo, a new employee, at the time, was subsequently charged with failing to take reasonable health and safety measures at the Luqa factory.

He was acquitted in May 2023, with the Court of Magistrates observing that the magisterial inquiry into the fatal incident and the testimony of the two men who had been working with the victim at the time, provided no evidence of wrongdoing on Blundell’s part.

This view was shared by the Court of Appeal, which confirmed Blundell’s acquittal on Monday.

Madam Justice Consuelo Scerri Herrera, deciding the appeal, said that the prosecution had not succeeded in proving the accusation beyond reasonable doubt.

Lawyers Arthur Azzopardi and Jacob Magri assisted Blundell. Inspector Hubert Cini prosecuted.