AG ignored inquiry recommending charges against Wasteserv CEO and 5 others over fatality, lawyer says

Former MP Jason Azzopardi has once again accused the Attorney General of disregarding the conclusions of a magisterial inquiry into the workplace death of Wasteserv employee Joseph Ellul, which had recommended that six officials face criminal charges.

Azzopardi made the allegations on Saturday morning during a live radio interview with radio host Andrew Azzopardi and later published the inquiry report on his Facebook page.

“In May 2022, a tragedy took place at Wasteserv which claimed the life of one of its employees.” Azzopardi said, stressing from the outset that he had no involvement in the case or representation of any of the parties. 

“The magistrate ordered the Attorney General to prosecute these six people,” he said, but the prosecutions had never materialised. Asked by the host whether the conclusions of the inquiry bound the AG to act, he explained that the magistrate could not compel the AG to prosecute, but there would need to be strong reasons not to.

Worker Joseph Ellul died of horrific injuries while working at the Wasteserv incinerator plant in Marsa in May 2022. Police officers reacting to a call for assistance had found him on the ground in a pool of blood, while paramedics were frantically trying to save his life.

A forensic expert had reported to the magisterial inquiry that Ellul’s body had been found next to machinery which was not equipped with ensors. The victim had been peering through an inspection window when a piece of machinery moved, causing crush injuries to his head. 

Another expert appointed by the inquiring magistrate had examined the communications aspect and concluded that Ellul had noticed that the machinery was not working as it should and called his superior, Ryan Mark Cachia, for assistance.

While waiting for direction from Cachia, Ellul checked the levels of ash in the incinerator bin. This was done by peering through a hatch at ground level, but if the mechanised rotating bin containing the waste had already gone past that hatch, as was the case that day, the only other place to check was through the inspection window where the fatal incident happened.

The inquiry noted that Wasteserv’s Health and Safety department would carry out inspections, compile reports and carry out frequent risk analyses, but this inspection window had never been flagged. 

Two employees had told the magistrate that a few weeks before the incident, the direction in which the inspection window opened had been changed because it had frequently been causing problems. The magistrate noted that this fact had been omitted and in some cases, contradicted in the sworn testimony given by  several other employees and suggested they be investigated on suspicion of perjury.

Wasteserv’s CEO, Bilocca, had told the inquiry that workers were sufficiently trained on the operation of the machinery, saying however that it wasn’t “child-proof” and that the incident had been down to “an act of stupidity.” The magistrate noted that he had insisted that even if he were to list all the possible dangers at the plant, this window would be in the last place because it was impossible to predict a stupid act.

The inquiry observed that his attitude was “entirely contrary to the principles of health and safety at the workplace, which required employers to do everything possible to avoid these risks, even if such an act took place.”

The magistrate recommended that Salomone, Borg and Fleri should be criminally charged with negligently causing the worker’s death through failure to observe regulations.

Cachia was recommended for prosecution for failing to take the necessary precautions to safeguard the health and safety of his workers during the operation of machinery.

The magistrate noted that the inspection window did not feature in SOPs or risk assessments and neither was there an explanation as to why, if it was not used as was claimed,  it was never permanently sealed. 

‘AG hid the inquiry from the public instead of acting’

“It is not a capricious decision to order the prosecution of people,” Azzopardi told the radio host on Saturday. He explained that the decision on whether to press charges or not lied with the AG, who he said, had instead concealed the inquiry from the public, in much the same manner as the Pilatus inquiry.

“Justice in our country is sick, because it is not blind, but varies depending on who you are.”

In the years since 2013 the concept of “on your watch” seemed to have fallen out of fashion when speaking of ministerial responsibility and accountability, he said.

The talk show host observed that the report also recommended individuals be prosecuted for perjury. 

“I can tell you that the police have refused to this day, not the inspectors, their superiors' superiors, to prosecute OPM customer care agents complicit in social benefits fraud,” Azzopardi replied, describing the handling of the inquiry as a cover up and a dereliction of the AG’s duty to issue charges.

The lawyer said the courts were “one of the few institutions” he still had faith in, stating that “what this government has done post 2013, is completely dismantle all the checks and balances, so as to deprive you of anywhere to go [for protection or redress].”

This state of affairs was causing disillusionment within the ranks of the police force, and was “thanks to its leadership,” the lawyer said.

“The PN is still some way from being a political alternative. The Labour government is corrupt, and elements of it are outright criminal,” was Azzopardi's assessment of the situation.