Site next to building where Miriam Pace died is not released, court clarifies

In a clarification of a recent court decision, a court has stated that the construction site undergoing excavation that led to the death of Miriam Pace will not be released to developers until the relevant trial comes to an end.

This comes after the alleged breach of a court decision on Tuesday, as the attorneys for the contractor who is charged with causing Miriam Pace's death had submitted a court application.

A photo sent to MaltaToday by a reader showed construction machinery operating on the site that had its release halted a few days ago by court. 

On 6 December, Judge Toni Abela upheld a request by contractor Ludwig Dimech and builder Nicholas Spiteri not to release part of the site for development until their pending trial. The pair argued that releasing the site for development would irreparably prejudice their defense, after an earlier decision that allowed MCZMC Developers to continue its construction work.

The initial court ruling was subsequently ordered to have its effects "limited to the property of MCZMC Developers Ltd but not remain in force" for the Pace family's house as well as a garage. This has lead to dual interpretation by lawyers on both sides of the case.

On Tuesday, the court affirmed the defendant's request, revising the specific paragraph. It stated that while Pace and Sammut, the proprietors of the collapsed building and the underlying garage, were granted the release of their properties, the adjoining site would not be handed over to the developers. Any actions disturbing the site adjacent to their properties are also prohibited for Pace and Sammut.

The judge also emphasized that this ruling is to be promptly enforced.