Contractors notified OHSA of works after fatal Sliema collapse

A formal notification to Malta’s health and safety watchdog about construction works in Sliema was only submitted around an hour after a building partially collapsed, a court has heard.

The relevation came during the latest sitting in the ongoing criminal proceedings against contractors Kurt Galea and Anthony James Fisher, as well as Luca Miceli Demajo, the director of the company behind the development.

The three men are facing charges of involuntary homicide in connection with the death of Bari Balla, who lost his life on 20 April when the roof of a property on St Ignatius Street collapsed while he was working beneath it.

Testifying in court on Wednesday, Occupational Health and Safety Authority (OHSA) inspector Norbert Ciappara said the authority was first alerted to the incident by the police, not the developers.

According to Ciappara, he arrived at the site with the OHSA’s architect shortly after the collapse, where he was informed that the victim’s son-in-law, Genti Prodani, had been pulled from the rubble.

Although trenching works on the foundations were already underway at the time of the collapse, the OHSA only received a Construction Notification Form about an hour after the roof gave way. This form is legally required to be submitted at least four weeks prior to the commencement of work.

The inspector also described coordinating on the day of the incident with officials from the Building and Construction Authority and the inquiring magistrate. Court-appointed expert Robert Musumeci was only able to enter the building after the site had been secured and hazardous structures removed.

Superintendent Mario Haber also gave evidence, recounting how police officers secured the area and assisted the Civil Protection Department in cordoning off the site. Due to safety concerns, investigators were initially unable to enter the structure.

It wasn’t until July 5 that the site was considered safe enough for forensic experts and OHSA officials to enter for a full examination. Prior to that, a protective canvas had been laid on the ground to preserve any debris for investigation purposes.

The court also heard that residents in neighbouring buildings were asked to evacuate due to fears of further structural collapse.

At the close of the session, the court heard submissions on two applications filed by Miceli Demajo, one regarding access to his mobile phone and the other concerning the possible release of the site. Magistrate Ann Marie Thake is expected to rule on the matters in chambers.

The case is set to resume on 16 May.