Five charged with involuntary homicide of Sofia, developers and architect granted bail

Five men and women have pleaded not guilty of the involuntary homicide of young Jean Paul Sofia, who died at the age of 19 in a Kordin construction collapse. 

Sofia was killed in a construction site accident last December, after a three-storey building he was working at collapsed during construction works. Five men – three Albanian, a Maltese and a Bosnian were rescued by members of the Civil Protection Department. 

All five accused pleaded not guilty. They were granted bail under strict conditions to deposit their passports with the court, and not leave the country. 

The accused are: Matthew Schembri, 38, company director, from Birkirkara; Kurt Buhagiar, 39, employee from Naxxar; Adriana Zammit, 35 from Zabbar, architect; Milomir Jovicevic, 39, a construction worker and his wife Dijana, 39, with him a director in Milmar Construction Ltd.. 

The five were accused of causing the death of Jean Paul Sofia and injury to five other workers, now identified as Vladimir Laketic, Gentjan Carku, Lulzim Carku, Denis Carku, and Sammy David Curtis; and negligently caused a grievous injury to the five workers. 

Architect Adriana Zammit alone was charged with failing in her duty to carry out works on the property in conformity with industry best practises and standards for the protection of the environment and immediate areas, its users and the general public.  

Developer Matthew Schembri alone was accused of forgery of an authentic public or commercial document, through falsification of the signature of one John Muscat on the Commencement Notice at the building site; knowingly making use of the aforementioned forged document; knowingly giving false information (the Commencement Notice) to a public authority in order to obtain an advantage or benefit for himself or someone else; and making a second falsification or use of another falsified Commencement Notice. 

Schembri and Kurt Buhagiar together, in their personal capacities and as directors of Allplus Limited and Schembri as director of White Frost Company Limited and Milomir Jovicevic in his personal capacity and as director of Milmar Construction Ltd and Dijana Jovicevic as director of Milmar Construction Ltd, were accused of failing in their duties as employers to ensure the safety of their employees, by failing to take all the necessary precautions to avoid physical damage, injury or death at the workplace. 

Lawyers Joe Giglio and David Bonello are representing Isabelle Bonnici and John Sofia, the parents of the victim, as parte civile. Franco Debono, Arthur Azzopardi and Jacob Magri are representing the developers, Kurt Buhagiar and Matthew Schembri. Steven Tonna Lowell is representing architect Adriana Zammit Lawyer Timothy Bartolo is representing contractor Miromir Jovicevic and his wife, who is a director of Jovicevic’s company, Milmar Construction. 

Prosecuting inspectors Paul Camilleri and Antonello Magri told Madame Justice Natasha Galea Sciberras that all five accused had cooperated during the arrest and interrogation. 

The prosecuting inspectors demanded that bail be refused, saying the charges carry up to 10 years’ imprisonment. “They are also grave because of the public outcry – not the media, but what the people out there are saying. We feel that if bail is given at this stage there will be an outcry.” 

They said civilian witnesses who had refused to testify in the inquiry to avoid self-incrimination are now obliged to testify. They are construction workers, some of whom had also been injured in the incident. “Some testified [in the inquiry] and some refused to testify.”

Defence lawyer Franco Debono warned that the inspector’s arguments would “give rise to a dangerous situation”, where the courts start taking decisions on the basis of one of the parties organising a street protest. “That would be the breakdown of law and order.” 

“Here we have two people who bought land to develop it... and this building collapsed. Worse than the financial loss, is the fact that a person also died in this collapse. This is an involuntary offence which they are accused of.” 

Lawyer Arthur Azzopardi said an analogous case was the death of Miriam Pace in the Hamrun house collapse. “We had the same charges, the same case... If someone tells us that there was no public outcry in that case, they are mistaken. The defendants in that case were arraigned after a month.” 

Tonna Lowell said that the public outcry was about the issue of the public inquiry. “Frankly, there is absolutely no reason for an involuntary and technical offences that prevent Adriana Zammit from being granted bail.” 

“I have no doubt that this court will not be conditioned by the outcry. Everyone has the right to protest,” Debono added. “But Tonna Lowell made an astute observation: the outcry was about the lack of public inquiry.” 

He hinted that the State’s role in the tragedy will feature in the defence, at a later stage. “Inspector Camilleri was telling the truth when testifying about these people’s cooperation and this should eliminate the fear in the court’s mind of the risk of absconding. The risk of absconding did not start yesterday: it would have been ongoing for the past seven.” 

After taking into account the nature of the charges, the circumstances of the case, noting that the civilian witnesses had already testified in the inquiry and did not flee, the Court upheld the request for bail. 

Kurt Buhagiar will have to deposit ID card and passport in court, not leave the country without the permission of the court, not approach or contact any of the prosecution witnesses, and sign a bail book twice a week. His bail was secured by a €15,000 deposit and personal guarantee of €25,000. The same conditions apply for Schembri and Zammit. 

Milomir Jovicevic was granted bail under the same conditions, but his pregnant wife Dijana will have to sign twice a week and will be denied travel without court permission. Her lawyer can apply for a change depending on her health. The reason why her bail conditions are less onerous is that she is only charged as a company director and not in her personal capacity. 

20:08 Kurt Buhagiar will have to deposit ID card and passport in court, not leave the country without the permission of the court, not approach or contact any of the prosecution witnesses, and sign a bail book twice a week. His bail was secured by a €15,000 deposit and personal guarantee of €25,000. The same conditions apply for Schembri and Zammit. Matthew Vella

20:06 BAIL REQUEST UPHELD

Court gave a decree: after taking into account the nature of the charges, the circumstances of the case, noting that the civilian witnesses had already testified in the inquiry and did not flee, upheld the request for bail.

Matthew Vella

19:56 Schembri and Kurt Buhagiar together, in their personal capacities and as directors of Allplus Limited and Schembri as director of White Frost Company Limited and Milomir Jovicevic in his personal capacity and as director of Milmar Construction Ltd and Dijana Jovicevic as director of Milmar Construction Ltd, were accused of failing in their duties as employers to ensure the safety of their employees, by failing to take all the necessary precautions to avoid physical damage, injury or death at the workplace. Matthew Vella

19:54 Charges against Matthew Schembri alone

Forgery of an authentic public or commercial document, through falsification of the signature of one John Muscat on the Commencement Notice at the building site.

Knowingly making use of the aforementioned forged document.

Knowingly giving false information (the Commencement Notice) to a public authority in order to obtain an advantage or benefit for himself or someone else.

Making a second falsification or use of another falsified Commencement Notice.

Matthew Vella

19:49 Charges against Perit Adriana Zammit alone

Failing in her duty to carry out works on the property in conformity with industry best practises and standards for the protection of the environment and immediate areas, its users and the general public. Matthew Vella

19:48 Charges against the Kordin Five:

Negligently or recklessly or through non-observance of regulations, causing the death of Jean Paul Sofia and injury to five other workers

In the same time, place and circumstances, negligently caused a grievous injury to the five other workers. Matthew Vella

19:34 Debono: “Inspector Camilleri was telling the truth when testifying about these people’s cooperation and this should eliminate the fear in the court’s mind of the risk of absconding. The risk of absconding did not start yesterday: it would have been ongoing for the past seven.” Bartolo adds that there is a “never-ending list of judgements” by the ECHR which establish that the fear of absconding is not a ground for denying bail. The court says it is aware of them. The magistrate suspends the sittings and retired to chambers to prepare her decree on the bail requests. Matthew Vella

19:27 Debono makes submissions. Court tells him not to repeat himself. “I have no doubt that this court will not be conditioned by the outcry. Everyone has the right to protest. But Tonna Lowell made an astute observation: the outcry was about the lack of public inquiry.”

He hints that the State’s role in the tragedy will feature in the defence, at a later stage. Matthew Vella

19:26 Inspector Camilleri rebuts Debono’s arguments, saying that the defendants could not have known what charges would be pressed. Now they are facing them and they know. In the Miriam Pace case, although similar, there weren’t also injuries to other people. Here people were also grievously injured. The fear of tampering with evidence concerns people who are abroad. Matthew Vella

19:23 Tonna Lowell: “In the beginning we didn’t contest the arrest, because it is not illegal, but if we are talking about the factual situation, I don’t think there are any grounds for arrest. My client is charged with two involuntary offences, and I cannot understand why she was arraigned under arrest. She has known for 7 months that this might happen. As far as I know, I am not used to answer for extraneous things to this courtroom, the outcry is about the issue of the public inquiry. Frankly, there is absolutely no reason for an involuntary and technical offences that prevent Adriana Zammit from being granted bail.” Matthew Vella

19:22 Defence lawyer Timothy Bartolo for the Jovicevices added that his female client had been in hospital and that it in the interests of justice to keep her in custody, as well as the fact that the couple had young children who had nobody to take care of them. Although she is not Maltese she had put down strong roots here over the years. Matthew Vella

19:17 Lawyer Arthur Azzopardi tells the court this court had already granted bail in an analogous case. “We had the same charges, the same case. To be precise, we didn’t have the second charge.” The court had granted bail that same day and the AG had not appealed. “If someone tells us that there was no public outcry in that case, they are mistaken. The defendants in that case were arraigned after a month.” He added that if bail is going to be denied for this reason, “they are never going to be eligible for bail.”

He cites European Court of Human Rights case law to support his arguments. Matthew Vella

19:15 Debono: “If it pleases the court to consider what the inspector said in his testimony... the defendants had been waiting since Friday night for a copy of the inquiry and it was only after we filed habeas corpus proceedings did the AG give us a copy. The defendants will submit to any conditions the court, in its vast wisdom, feels necessary to impose.” Matthew Vella

19:11 Debono then praises Magistrate Marseanne Farrugia as “a person of great integrity and serious in her work”, and distances himself from comments which implied the contrary. “But with this lapse of time... can the court ignore the fact that these people have been for the past 5, 6,7 months aware that they are under investigation... and sent for by the court? Can the court ignore this fact and the fact that they did not attempt to speak to witnesses, or make themselves hard for the police to trace?” Matthew Vella

19:10 Debono said the defence counsel and their clients all wished to express their “great sorrow” at the loss of life in the Kordin collapse. “But God forbid we start making decisions based on public outcry.”

“Here we have two people who bought land to develop it... and this building collapsed. Worse than the financial loss, is the fact that a person also died in this collapse. This is an involuntary offence which they are accused of.” Matthew Vella

19:08 Franco Debono asks the court to note the contradiction with the inspector’s testimony, where he said they had not attempted to abscond. “He contradicted himself in his submissions,” argued the lawyer. He warned that the inspector’s arguments would “give rise to a dangerous situation”, where the courts start taking decisions on the basis of one of the parties organising a street protest. “That would be the breakdown of law and order.” Matthew Vella

19:07 There is also the fear of the defendants absconding. Until now the defendants did not know if they were going to be charged and if so, with what. Now they are facing serious charges and this leads to a heightened risk of them attempting to flee the islands. Additional prosecution witnesses, both in Malta and abroad, are yet to testify. Matthew Vella

19:07 There are also civilian witnesses who refused to testify in the inquiry to avoid self-incrimination and now are obliged to testify. They are construction workers, some of whom had also been injured in the incident. “Some testified [in the inquiry] and some refused to testify.” Matthew Vella

19:01 The prosecuting inspectors says the case is a grievous one, with charges carrying up to 10 years’ imprisonment. “They are also grave because of the public outcry – not the media, but what the people out there are saying. We feel that if bail is given at this stage there will be an outcry.” Matthew Vella

19:01 The court is listing the documents being exhibited. The magistrate notes Milomir Jovicevic’s criminal record is not there. There are criminal proceedings at appeal stage, explains the inspector. Bail is requested and is opposed by the prosecution. Matthew Vella

19:00 The court proceeds to the examination of the defendants. They will be asked to confirm their details and enter a plea.

Matthew Schembri, 38, company director, Birkirkara, pleads not guilty.
Kurt Buhagiar, 39, employee from Naxxar, pleads not guilty.
Adriana Zammit, 35 from Zabbar, architect, pleads not guilty.
Milomir Jovicevic, 39, resides in Msida, is a construction worker. Pleads not guilty. His wife Dijana, 39, pleads not guilty. She is a director in Milmar Construction Ltd.
Matthew Vella

18:54 Insp. Camilleri also says Dijana Jovicevic, who is pregnant, had previously spent a lot of time in hospital. The first time police spoke to her had been today. He confirmed her full cooperation with the investigation. Matthew Vella

18:52 Replying to Franco Debono’s question about why they had been arrested, Insp. Camilleri pointed out that the first charge carries a maximum of 10 years in prison, as well as because of the possibility of public outcry. Camilleri confirmed with Bartolo his clients’ (the Jovicevic couple) cooperation. Matthew Vella

18:50 Inspector Camilleri says the police went to arrest the architect at her home but she wasn’t there, so she was asked to go to the police station. Insp. Magri says the defendants did not attempt to flee or resist arrest. Matthew Vella

18:45 Debono asks Inspector Antonello Magri whether they asked for disclosure before the inquiring magistrate. They had, several months ago, the inspector says. The completed magisterial inquiry was handed to the inspector on Saturday evening. “So at the time of the arrests you did not have the inquiry in hand,” Debono says. Inspector Camileri: “The AG told me that the inquiry was being vetted by the Office of the AG.” The police had requested the full proces verbal after the habeas corpus was filed. “When I made the request, they accepted it... It wasn’t given in full to the defence, because it wasn’t given in full to the police,” said the inspector, in reply to a question by the court. Matthew Vella

18:41 Franco Debono asks the inspector when the inquiry began: 3 December 2022, replies the inspector; he asks about whether his clients had testified in the inquiry. “There were times when they answered and times when they exercised their right to silence,” replies the inspector. Matthew Vella

18:41 Matthew Joseph Schembri and Kurt Buhagiar were already assisted by their lawyers; the others contacted their lawyers from the lock-up. A habeas corpus filed by Schembri and Buhagiar on Saturday was not upheld. Before that case, defendant Zammit gave her statement; the other defendants gave their statements today Sunday. “Some answered [the police questions], some didn’t,” Insp. Camilleri tells the court. Matthew Vella

18:39 Inspector Paul Camilleri is administered the oath, telling the court that the police were advised by the AG of the completion of the magisterial inquiry on Friday.

The conclusions of the inquiry, which recommended the prosecution of the five defendants, were followed with an application filed to duty magistrate Caroline Farrugia Frendo, with the defendants were arrested that evening. Matthew Vella

18:33 The sitting begins, with the magistrate dictating the names of the defendants and their lawyers to her deputy registrar. Maltese-English and English-Serbian interpreters are appointed to assist the Serbian defendants. Matthew Vella

18:29 The defendants are now inside the courtroom, seated directly beneath the balcony where the press are seated. Magistrate Natasha Galea Sciberras enters the courtroom. We’re now in session.
Tense silence as the magistrate signs the decree opening the court after normal working hours. Matthew Vella

18:21 Police Inspectors Paul Camilleri and Antonello Magri are prosecuting. They have just entered the courtroom. We are told that the defendants have just arrived. Matthew Vella

18:19 Interesting note: lawyer David Bonello – formerly a Nationalist Party official – was nominated by the PN to the board of the Building and Construction Authority. Bonello is one of the lawyers for the Pace family, representing them along with Joe Giglio in the court proceedings over the death of Miriam Pace – who passed away after her house collapsed into an adjacent construction site in Hamrun in 2020. Matthew Vella

18:17 Lawyer Timothy Bartolo is representing contractor Miromir Jovicevic and his wife, who is a director of Jovicevic’s company, Milmar Construction. Matthew Vella

18:13 Franco Debono, Arthur Azzopardi and Jacob Magri are representing the developers, Kurt Buhagiar and Matthew Schembri. Matthew Vella

18:09 Lawyers Joe Giglio and David Bonello are representing Isabelle Bonnici and John Sofia, the parents of the victim, as parte civile. Matthew Vella

18:08 Tonna Lowell is representing architect Adriana Zammit. Matthew Vella

18:06 Lawyers Franco Debono and Steven Tonna Lowell have just walked in. Matthew Vella

18:03 Madame Justice Natasha Galea Sciberras has entered the courtroom. We are waiting for the defendants. Matthew Vella

17:59 Some of the lawyers are here inside Hall 22, which is normally reserved for jury trials. It is an exception - no doubt - due to the public interest in the case: lawyers present include Arthur Azzopardi, Joe Giglio (also Nationalist MP), David Bonello and Therese Comodini Cachia. Matthew Vella

17:58 The arrests took place late on Friday night, shortly after the police received a copy of the magisterial inquiry conclusion. Matthew Vella

17:58 The five people arrested in connection with the tragic death of Jean Paul Sofia, are to be charged with his involuntary homicide. Sofia was killed in a construction site accident last December, after a three-storey building he was working at collapsed during construction works. Five men – three Albanian, a Maltese and a Bosnian were rescued by members of the Civil Protection Department.

The accused are two developers, a 37-year-old from Naxxar and a 38-year-old from Birkikara; two contractors aged 38 from Msida and Mosta and a 36-year-old architect from Żabbar.

According to reports the two developers are Kurt Buhagiar and Matthew Schembri, the architect is Adriana Zammit and one of the contractors is Miromir Jovicevic. Lawyer Timothy Bartolo is representing Miromir Jovicevic. Matthew Vella

17:57 Welcome to this live blog. Senior court reporter Matthew Agius is reporting live from the law courts. Matthew Vella

The arrests took place late on Friday night, shortly after the police received a copy of the magisterial inquiry conclusion.

On Friday, Prime Minister Robert Abela announced at Castille that he would be asking the AG to make the report public so that it can be published for the general public to read. The inquiry which was concluded in the wake of a controversial refusal by Abela and the entire Labour parliamentary group, comes almost eight months after Sofia's death.