Chief Justice revokes interim order that released contractor from jail

A Court of Constitutional Appeal has revoked a rare interim order that released a convicted building contractor from jail until his constitutional case claiming his imprisonment was in breach of his rights, is heard and decided.

A three-judge court presided by Chief Justice Mark Chetcuti disagreed with the first court’s decision, saying it should have ordered that the Constitutional case be heard with urgency, to ensure a faster resolution. “In these circumstances, this would have been a more apposite measure than that of suspending the execution of a court sentence.”

Paul Demicoli, one of two men jailed for causing the death of two women through negligence when a building in St Paul’s Bay collapsed during excavations on an adjoining plot, was released from jail in a rare interim order by a court.

The case dates back to 3 June, 2004 when a block of apartments on Triq Ramon Perellos collapsed as a result of construction works next door, leading to the deaths of Maria Dolores Zarb and Nadezda Vavilova.

Demicoli was first condemned to a three-year jail term in 2009, but had the sentence reduced to two years on appeal last November. Kevin Bonnici, the worker who had been carrying out excavation works on site earlier that day, was sentenced to 18 months’ imprisonment.

After being jailed, Demicoli filed a constitutional case claiming that his imprisonment was breaching his rights and requested an interim measure. He claimed it was “disgraceful and shameful” that his criminal case took 18 years to be decided, and then still condemned to an effective jail term.

Demicoli said that the victims’ relatives had testified in court proceedings and asked it not to impose effective imprisonment, but the court still decided otherwise.

Mr Justice Francesco Depasquale, presiding over the First Hall of the Civil Courts in its constitutional jurisdiction, noted that Zarb’s daughter, Marie Diane Mulè Stagno, had declared she had forgiven Demicoli and Bonnici, and that she would have preferred they be given community work rather than imprisonment.

The judge decided it was “fair and equitable” to provide the interim measure and order Demicoli’s release from prison until the case is decided, on deposit of €5,000 and making a personal guarantee of €50,000.