Sofia public inquiry: Wide-ranging terms of reference will focus on construction laws, land transfer

The terms of reference for the public inquiry into the death of Jean Paul Sofia has been published by the government.

The terms include:

1. Analysing whether the allocation of government land to AllPlus Limited was carried out according to the relevant laws, regulations and procedures.
2. Investigating whether there was some sort of connection between the way the land was allocated and the collapse of the building.
3. Investigating whether the necessary regulations, policies, processes and administrative obligations where in place to protect the health and safety of people throughout development and construction processes
4. Investigating whether there are adequate measures integrated in the sector to prevent fatalities or injuries.
5. Investigating whether the planning, development and construction processes have the proper laws, policies, regulations, administrative procedures and operational measures to eliminate risks of injury or death.
6. Investigating whether any State entity, including those focused on development and construction, failed to take the action expected from it to avoid injury or death.
7. Putting forward recommendations, both regulatory and administrative, to strengthen health and safety measures on construction sites.

The public inquiry board will be led by Ombudsman Joseph Zammit McKeon, who will be supported by Auditor General Charles Deguara and court expert Mario Cassar.

The board has five months to conclude its work, without prejudice to the full and adequate completion of the terms of reference. If the board feels that it needs an extension, it must notify the prime minister.

It will also be allowed to appoint experts to help in its work.

The board will be expected to announce the conclusion of its work in a public notice and will give the prime minister and the family of Jean Paul Sofia a copy of the inquiry.

Justice minister Jonathan Attard said that the family was consulted when drafting the terms of reference. The family, through the Public Interest Litigation Network, sent their reaction to the draft on 27 July.

Planning minister Stefan Zrinzo Azzopardi said that the public inquiry will not affect any ongoing reforms.

Sofia was killed in a construction site accident last December, after a three-storey building he was working at collapsed during construction works. Five men - three Albanian, a Maltese and a Bosnian were rescued by members of the Civil Protection Department. 

Five people have been arrested in connection with Sofia's death. These are property developers Kurt Buhagiar and Matthew Schembri, architect Adriana Zammit, and contractor Miromir Milosovic.

Prime Minister Robert Abela had announced last July that the government will hold a public inquiry after the magistrate investigating Sofia's death notified the attorney general that she will extend the inquiry by another 30 days. 

Abela was slammed for making a U-turn on the public inquiry, as government MPs voted against holding a public inquiry into Sofia's death less than a week before his announcement.

READ ALSO: Prime Minister publishes Jean Paul Sofia magisterial inquiry

In reaction to the inquiry’s terms, the family of Jean Paul Sofia said that the launching of the inquiry is an important step towards justice for Sofia, and for the public.

“We believe that the public inquiry should investigate development and construction projects from every aspect and from the beginning of the process, which in cases like that of Jean Paul started with Malta Enterprise and INDIS, continues with the planning and construction process, and goes on until the last moment when a tragedy happens and the injured parties need to be saved.”

The Nationalist Party welcomed the publication of the terms of reference, but said that the inquiry should have started sooner.

“If the public inquiry started immediately, as the Nationalist Party was insisting, the inquiry would be ready by now given the five-month allocation, and full justice would have been delivered.”

Read the letter below