Jean Paul Sofia: Corradino developer claimed architect ‘did not guide him much’, inspector says

Property developer Matthew Schembri told the police he was the site manager at the Corradino construction site that claimed the life of Jean Paul Sofia, but became evasive when asked about his knowledge of the role, eventually telling officers that the architect " did not guide him much."

This emerged from the courtroom testimony given by police Inspector Antonello Magro, as the compilation of evidence against the five people charged over Sofia’s death began before magistrate Rachel Montebello on Wednesday.

20-year-old Sofia died last December, when the three-storey building he had been working on collapsed during construction works. Five other men - three Albanians, a Bosnian and a Maltese worker had to be rescued from the rubble by members of the Civil Protection Department. 

Property developers Kurt Buhagiar, 37 from Naxxar and 38-year-old Matthew Schembri from Birkirkara, 35-year-old architect Adriana Zammit from Żabbar,  Serbian contractor Milomir Jovicevic, 39  together with his wife and company co-director Dijana Jovicevic, 38 from Bosnia and Herzegovina, are pleading not guilty to charges of involuntary homicide and causing grievous injuries to five workers who were at the site when the building collapsed.

Schembri is also accused of having falsified a signature on the project’s commencement notice – an official document that must be submitted to authorities before works can begin.

Zammit is additionally charged with failing to conduct the works in line with the established industrial practices and standards.

Schembri, Buhagiar and the Jovicevic couple are further accused of committing various breaches of occupational health and safety rules.

Inspector Antonello Magri was the last to testify this morning. Besides investigating the case together with Inspector Paul Camilleri, he had been present when Schembri,  Buhagiar and the Jovicevices were questioned about the fatal collapse.

The company employed Sofia as an air conditioning installer, he said, but the victim had been on the construction site that day taking photographs for Schembri to document the progress of the construction project.

A police officer who was amongst the first at the scene testified to having spoken to Matthew Schembri and Kurt Buhagiar from construction company WhiteFrost Ltd in a bid to find out who had been inside the building, so as to clarify how many people were potentially trapped under the rubble.  They were unable to give a number, he said.

The officer described architect Adriana Zammit, who later came to the scene, as being in a state of shock. “She told us that her life was over and was taken to a nearby ambulance for treatment.”

After confirming the survivors' identities, only Sofia remained unaccounted for. His mobile phone was still broadcasting its location as being at the site, he said. 

12:12 The case was adjourned to Tuesday 19 Sept at 10am. This marks the end of today’s hearing. Thanks for following with MaltaToday – we will provide a comprehensive write-up shortly. Nicole Meilak

12:11 Magistrate Montebello, noting the conclusions and documentation from the magisterial inquiry, decreed that there was sufficient prima facie evidence for the defendants to be indicted, ordering that scanned copies of the document be sent to the Attorney General in for further instructions. Nicole Meilak

12:10 The defence lawyers said that, in view of the voluminous magisterial inquiry, they were not contesting prima facie, but made it clear that they were contesting the merits. Nicole Meilak

12:10 The court was asked to provide the defence with copies of other footage collected by the experts appointed to assist the magisterial inquiry. The magistrate upheld the request, ordering them to do so by the next sitting. Nicole Meilak

12:10 Answering a question put to him by lawyer Timothy Bartolo, the inspector confirmed that Milomir Jovicevic and Dijana Jovicevic had refused to answer questions because they had not been given disclosure of the evidence against them. Nicole Meilak

12:04 He confirmed that they had expressed sorrow at the death of the young worker. “Matthew Schembri said that on the day of the incident, he had called Sofia and told him that he was on the site. Schembri was late because he had to stop to repair a puncture, but he was there when the incident happened. Sofia’s job was an AC installer and had been on site taking photographs to send to Schembri to show him how the construction project was progressing. Nicole Meilak

12:04 Inspector Paul Camilleri is the next witness. He had received a copy of the proces verbal at the Office of the Attorney General and participated in the discussions about how to prosecute the case. He had also participated in the questioning of Schembri, Buhagiar and the Jovicevic couple. Nicole Meilak

11:55 The commencement letter mentioned a certain John Muscat as the builder, but in front of the magisterial inquiry he testified that the signature was not his. A calligraphy expert subsequently confirmed this to be true. The expert also established that the signature had been forged by Schembri. Nicole Meilak

11:55 The lawyer asked the inspector to confirm that the arrests had taken place before the police had all the evidence in hand. Magri replied that they had the proces verbal and conclusions, as well as the inquiring magistrate’s order to prosecute. Nicole Meilak

11:54 Debono asked a similar question about Schembri and Buhagiar. The full inquiry, in several boxes, was disclosed to the defendants after they challenged the legality of their arrest through habeas corpus proceedings, confirmed the inspector. Nicole Meilak

11:49 Lawyer Steven Tonna Lowell asked the inspector about architect Adriana Zammit’s testimony before the inquiry, suggesting that she had chosen not to reply to questions because she had not been granted disclosure of the evidence against her. She was not questioned again before her arraignment, he confirmed. Nicole Meilak

11:47 The cause of death had been established as traumatic asphyxia, noted Debono. He asked the inspector about how the site was cleared. Emergency responders were at the scene in around 10 minutes, Magri replied, adding that Civil Protection Department rescuers also roped in a contractor who had equipment nearby to help clear the rubble. Sofia’s body was found at 2:11am the next day. Nicole Meilak

11:43 Franco Debono begins cross-examination, asking whether Schembri was sorry and had burst into tears during questioning. The inspector confirmed. “He said they were like brothers and was sorry for what happened.” Nicole Meilak

11:42 The court asks the witness who owned the van which transported Sofia to the site. It had the Whitefrost logo on the side, he replied. Nicole Meilak

11:41 Milomar Construction Ltd supplied the workers and took part in the construction. He confirmed that he was first informed of its role by the suspects on the day of the collapse. Nicole Meilak

11:37 Giglio asked why an incorrect ID card number for one of the hospitalised workers was specified. The inspector explained that this was because, initially, the police were only in possession of the internal number allocated to him by the hospital. Nicole Meilak

11:34 Giglio asked why he was uncertain. “Matthew Schembri and Kurt Buhagiar were unable to tell me how many people were at work on the site,” replied the witness. Nicole Meilak

11:34 CCTV footage from a nearby woodworks showed Sofia leaving his car and entering the construction site at the start of the day. Giglio asked why the police needed to ask for localisation data. “Because in truth, we weren’t sure whether anyone else was under the debris at this time.” Nicole Meilak

11:32 Answering a question from Inspector Paul Camilleri, he said the building site was then sealed off with barriers and a fixed-point police sentry remains on guard to this day. The witness is describing the layout of the site and the surrounding area, in reply to a question from lawyer Joe Giglio, who is assisting the Sofia family together with lawyer David Bonello. Nicole Meilak

11:25 After the conclusion of the magisterial inquiry, the police proceeded to arrest the five defendants, who were subsequently arraigned in court, Inspector Magri said. Nicole Meilak

11:24 A police officer stationed at Mater Dei informed him that two of the workers were in danger of death, another two were grievously injured, a third also being temporarily classified as being grievously injured. Later that day, Sofia’s body was retrieved from the rubble and was pronounced dead by a doctor. Nicole Meilak

11:20 The inspector said Matthew Schembri had informed him that Sofia was also unaccounted for and might be under the rubble. Police immediately obtained Sofia's phone localisation data, which showed that the device was still on site. Nicole Meilak

11:19 Buhagiar and Schembri, who he described as the owners of the building being constructed, came to the scene soon after the collapse. They were unable to say how many people had been working on the site that day. The architect arrived shortly afterwards. Nicole Meilak

11:19 Two workers were in danger of death and two others grievously injured. A sixth worker was slightly injured. Nicole Meilak

11:19 The crane operator was uninjured. He told the police that he had clung on to a pump as soon as he felt the building start to collapse. Nicole Meilak

11:19 There was difficulty in confirming the survivors' identities because they were foreign nationals. Only Jean Paul Sofia remained. Sofia’s mobile phone was still broadcasting its location as being at the site, he said. Nicole Meilak

11:18 The architect subsequently arrived, in a state of shock, recalled the witness. “She told us that her life was over and was taken to a nearby ambulance for treatment.” Nicole Meilak

11:18 The officers spoke to Matthew Schembri and Kurt Buhagiar from WhiteFrost to find out who had been in the building. The intention was to clarify how many people were potentially trapped under the rubble, he said, but they were unable to give a number. Nicole Meilak

11:18 There was a crane, a cement mixer and a small truck with a smaller crane on site. Witness spoke to a neighbouring resident who worked from home. He had heard a loud noise and looked outside to see the collapse. Nicole Meilak

11:18 A police officer stationed at Paola testified next, telling the court how a call had come in about a “collapsed roof” at the town’s industrial estate. He had gone to the scene together with another constable. Nicole Meilak

11:17 First to testify was a court registrar, who exhibited a copy of the inquiry report, or proces verbal, compiled by the inquiring magistrate. Nicole Meilak

11:17 Good morning and welcome to our live blog for the compilation of evidence against the five people charged over the death of Jean Paul Sofia. Our court reporter Matthew Agius will be providing updates throughout the hearing. Nicole Meilak

The five defendants were arrested shortly after the conclusion of a magisterial inquiry into Sofia’s death.

Police Inspectors Paul Camilleri and Antonello Magri are prosecuting.

Lawyers Arthur Azzopardi, Franco Debono and Jacob Magri are assisting Buhagiar and Schembri.

Zammit is being represented by lawyer Stephen Tonna Lowell. Lawyer Timothy Bartolo is defence counsel to Milomir Jovicevic and Dijana Jovicevic.

The Sofia family is being assisted by lawyers Joe Giglio and David Bonello.