Three Men Fined €26,000 For Involuntarily Causing 19-Year-Old Worker’s Death And Breaching Safety Regulations
Three men have been fined a total of €26,000 after being found guilty of causing the death of a 19-year-old worker who died in 2016 on a site with no health and safety equipment.
Samuel Camilleri fell three storeys while working at a construction site in Pieta eight years ago. He was preparing wooden shuttering before applying concrete when he fell from the roof into an internal yard.
The incident happened on Our Lady of Sorrows Street on 23rd February.
George Cassar, 61, from Qormi, Joseph Grech, 60, from Pietà and Anthony Sammut, 71, from Sliema all faced criminal charges over the young man’s death including breaches of health and safety regulations.
Magistrate Leonard Caruana noted how none of the court experts had indicated the presence of health and safety equipment on site such as hard hats, safety harnesses or high visibility jackets, according to Times of Malta.
Cassar was found guilty of involuntary homicide and breaching several health and safety regulations. The court said an effective prison term was not ideal in the circumstances so he was fined €10,000.
Grech was also convicted of involuntarily causing Camilleri’s death and several health and safety breaches. He was fined €9,000.
Sammut was only convicted of health and safety breaches and was fined €7,000.
Cassar was the contractor engaged to construct the block of apartments overlying a large complex and Camilleri had only been working for him for three months when the tragic accident happened.
He faced a long list of charges related to breaches of health and safety regulations. He was also charged with relapsing.
Meanwhile, Grech and Sammut were charged with similar breaches of health and safety regulations with the project supervisor (grech) not having any experience in the field. Neither were on site when the incident happened.
Grech owned the plot while Sammut was financing 50% of the project and they were both accused of failing to fulfill their duties as clients since they did not draw up a health and safety plan.
Grech further did not follow basic health and safety authorities despite telling the court that he attended a course organised by the Occupational Health and Safety Authority. He further said he had thrown away any documentation to prove that claim.
The court cited a report prepared by court expert Architect Charles Farrugia, detailing the presence of a pool of blood near wooden boards typically used for shuttering in the yard. Farrugia also observed that sections of the shuttering on the roof were absent, suggesting they had dislodged during Camilleri’s fall from the roof.
The expert observed that the planks, which were used to construct a balcony, extended outward without any support. Anyone involved in the project had to exercise extreme caution, as even a minor mistake could result in both the individual and the wooden structure being thrown over the edge.
Magistrate Caruana ruled that Cassar was most responsible the incident since he was the contractor. He noted that he was not even near Camilleri at the time of the accident but was on the other side of the building. This was a huge mistake especially since he knew that Camilleri had no experience and was regularly on his mobile.
Grech told the court that he had drawn Camilleri’s attention twice on the day of the incident, once because he was on his mobile while walking over the shuttering. However, they investigators found that his phone was in his back pocket after the fall, indicating that Camilleri was not on his mobile at the time of the fall, as was being claimed by the defence.
The court found no contributory negligence by the victim.
In addition to the fines, the three were ordered to pay just over €2,000 in court expenses.
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