Construction machinery spotted on site next to building where Miriam Pace died

In response to the machinery's presence, lawyers representing the contractor accused of Pace's death filed an application in court on Monday, asking the court to clarify its recent decision, stating that the current wording is 'ambiguous'

A photo sent by a reader shows construction machinery on the site at the centre of the case involving Miriam Pace's death
A photo sent by a reader shows construction machinery on the site at the centre of the case involving Miriam Pace's death

The legal representatives of the contractor accused of causing Miriam Pace’s death have filed an application in court regarding the alleged breach of a court decision forbidding any works on the construction site neighboring the victim’s home.

A photo sent to MaltaToday by a reader shows 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.

The construction site was undergoing excavation when a neighbouring house collapsed, resulting in Pace's tragic death in March 2020.

In response to this, Ludwig Dimech’s legal team filed an application in court on Monday, asking the court to clarify its decision, stating that the current wording is “ambiguous.”

The defendant’s legal team stated that it believes that the court was unclear in its final decision, noting discrepancies between court’s considerations and its decision.

(Photo: James Bianchi/MaltaToday)
(Photo: James Bianchi/MaltaToday)
(Photo: James Bianchi/MaltaToday)
(Photo: James Bianchi/MaltaToday)

Meanwhile, MaltaToday went on-site to discover that the machinery had been removed, while a large sheet was placed to cover the entrance of the site.

The court application was signed by lawyers Michael Sciriha, Roberto Montalto, and Roberto Spiteri.