Issue link: https://maltatoday.uberflip.com/i/1391768
maltatoday | SUNDAY • 11 JULY 2021 15 NEGLIGENCE take place when the law is not followed to the letter. This was held in a judge- ment delivered by Magistrate Dr Joseph Mifsud in Il-Pulizija -v- Perit Rodrick Camilleri and Perit Anthony Mangion delivered in 1 July 2021. This article is limiting itself to how the Court arrived to criminal responsibility as out- lined in the 98-page judgement. The Court after analysing a whole host of witnesses produced and the documents presented to the court, considered the legal aspect of the charged brought be- fore the two architects. The were accused on involuntary homicide of Miriam Pace and involuntary damage to her property and that of others. Article 225(1) of the Criminal Code reads: "Whosoever, through impru- dence, carelessness, unskilful- ness in his art or profession or non-observance of the regula- tions, causes the death of any person, shall on conviction, be liable to imprisonment for a term not exceeding four years or to a fine (multa) not exceeding €11646.87" Article 328 of the Criminal Code deals with involuntary fire or damage and where there is a death, the same punishment of Article 225 applies. For these offences to succeed the prosecution must prove that the accused conduct was negli- gent, imprudent and unskilful and non-observant of the regula- tions. In Italian author, Giuseppe Santaniello, described negligent as an event, which is predictable, but not desired by the person carry out this act. This descrip- tion of negligence is in line with another Italian jurist, Carrara and used by the Maltese courts. The English jurist Archibold, held that negligence is "a reckless disregard for the safety of others" However, Magistrate Mifsud pointed out that there are others who believe that the element of predictability is not part of neg- ligence. Negligence takes place when the act is not in conformity with what is required by law. In Il-Pulizija -v- Jason Friggieri de- cided by the Court of Criminal Appeal on 11 July 1995 described negligence as an act or omission that caused an event which was contrary to law and not intend- ed, but predictable and could have been avoided if prudence and attention was used. From what other judgement have said and jurists written the element of predictability exists from negli- gence, imprudence and non-ob- servance of the law. In this particular case Perit Rodrick Camilleri was the archi- tect responsible for the project and was involved from the very beginning. He also had an inter- est in the company carrying out the development and had submit- ted the application to Planning Authority. The co-accused Perit Anthony Mangion was appoint- ed as site technical officer. The architects cannot claim that they were not involved in the project. The Court disagreed with the defence that the accident took place solely because the contrac- tor dug with a hammering equip- ment close to the building. The accident took place because of a number of reasons. The Court quoted from the oath that archi- tects take when they receive their warrant, in that they swear act honestly and carry out their du- ties diligently as an architect. The Court pointed out that Camilleri failed to do conditions reports, but sent another person who was not qualified to do this. As such important structural issues were not ear marked. This report is vital to assess the condition of the building surrounding the building site. It seems that under the building there was a garage which had no internal walls nor columns. Therefore, the building was supported by the surround- ing walls. This was a determining factor. Perit Camilleri did not follow Legal Notice 136 of 2019, which listed the requirements of the condition report. The Court also pointed out that the method statement was inade- quate and had no details on how the works had to be carried out. The Court criticised the archi- tect for taking his responsibilities lightly, for example the method statement mentioned that the excavation was to take place by means of a trencher. A trencher was not used. Furthermore, the architect authorised works to commence when the PA permit was suspended. It seems that the death of Miriam Pace was not the only incident. A few days before there was an incident which was described an eye opener when part of a wall of another property fell. Perit Anthony Mangion was appointed as site technical of- ficer and his job is to enforce the method statement and for this to take place, the site technical of- ficer should be on site, but Per- it Mangion was not. He was not present for a meeting after the first incident took place and not present when the major incident took place. The Court concluded that these shortcomings together with oth- er facts all contributed to the ac- cident and therefore, the Court found both architects guilty of involuntarily homicide, since it was proved that Miriam Pace died as a direct cause from debris that fell on her. LAW CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT Architects have an obligation to follow the law HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with magnif- icent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commer- cial purposes. 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Fully qualified and must be able to present certificates. Interested can- didates to call: 99885352 WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and post- ed envelopes, medals, militaria, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates