Family of 17-year-old victim files judicial protest over ‘failed’ Construct Furniture investigation

The family of Matthew Bartolo, a 17-year-old worker who lost his life in a workplace accident at Construct Furniture ten years ago, has filed a judicial protest against the Police Commissioner, the chairperson of the Occupational Safety and Health Authority (OHSA), and the State Advocate.

The move comes a day after the court acquitted Construct Furniture director John Agius, floor manager Amanda Cefai, and foreman James Cefai of involuntary homicide over the teenager’s death. Agius was only found guilty of employing Bartolo without first conducting a risk assessment and was fined €7,000.

In their protest, the family accused the authorities of a “manifest and grave failure” in coordinating the investigation into Bartolo’s death, echoing the court’s own criticism of the disorganisation between the police and OHSA.

The family’s defence noted that the judgment questioned why the prosecution failed to charge engineer Nick Bellizzi, who had certified the machine involved in the fatal incident back in 2012 and was legally responsible for ensuring its safety.

They said it remained unclear whether Construct Furniture even had a designated health and safety officer at the time, describing the authorities’ lack of diligence as a “serious omission of duty.”

This is not the first time the family has taken action.

They had filed a similar judicial protest in 2018, warning that the lack of coordination between the police and OHSA was jeopardising the case and undermining their right to justice.

The relatives said that the failed investigation and prosecution led to the wrongful acquittal of those responsible for Bartolo’s death. They are now holding both the police and the OHSA accountable for the damages suffered as a result.

Lawyers Jason Azzopardi, Kris Busietta, and Alessandro Farrugia represented the victim’s family and signed the judicial protest.