The Criminal Court has rejected most requests filed by two men awaiting trial over the involuntary homicide of Miriam Pace, who died when her home collapsed in 2020. The ruling was delivered by the Criminal Court presided over by Judge Consuelo Scerri Herrera, concerning applications by Ludwig Dimech, 43, of Ħaż-Żebbuġ, and Nicholas Spiteri, 48, of L-Imqabba.
The two men are awaiting jury trial on charges of involuntary homicide in connection with the death of Miriam Pace. The incident occurred on 2nd March 2020 at around 2:20pm, when Pace died after being trapped under debris when her residence collapsed during nearby construction works in the area between Ħamrun and Santa Venera.
Prosecutors allege that the men caused Pace’s death through negligence, lack of precaution, lack of professional skill, or failure to observe regulations. Pace was buried under a large volume of debris inside her own property while excavation works were being carried out on an adjacent site intended for apartment development.
Dimech was the contractor responsible for the project next to Pace’s home, while Spiteri was operating machinery on site at the time of the collapse. In a related development previously reported, developer Elton Joseph Caruana, connected to the project, was awarded a 15-year government lease on commercial premises in Ħamrun through a public tender process.
The defence had requested that several witnesses not testify and that certain statements and technical reports be removed from the proceedings. Among the contested evidence were reports by architect Daniel Portelli, including one also presented by Superintendent Robert Vella. The defence argued that these reports lacked sufficient methodological detail and represented personal opinion rather than admissible expert evidence, noting that Portelli had been engaged ex parte and not appointed as a court expert.
The Court rejected these requests, stating that jurors would be properly guided on how to interpret the evidence and its limitations. It emphasised that the defence retains the right to challenge such testimony through cross-examination.
In its ruling, the Court also referred to the role of architects and expert witnesses, noting that the inquiry court had previously identified architect Joe Bugeja as not being a court-appointed expert and that his reports were preliminary damage assessments rather than definitive conclusions.
The Court stressed that opinions expressed by witnesses who are not court-appointed experts should be treated as factual observations, not technical or legal opinions. It cited prior case law, including proceedings involving Yorgen Fenech and Erin Tanti, reaffirming the principle that only court-appointed experts may provide formal technical opinions.
The accused also argued that extensive media coverage of the case could prejudice a future jury and undermine their right to a fair hearing. The Court acknowledged the concern but ruled that judicial safeguards and jury guidance would mitigate any potential bias.
According to the prosecution, evidence links both men to operational decisions and machinery use that contributed to the collapse, including the use of equipment that led to the failure of a supporting wall. The prosecution further alleged that Dimech failed to halt dangerous practices on site despite legal safety obligations. The incident also caused damage to several neighbouring properties and affected third parties, while medical experts concluded that Pace died of asphyxia caused by the collapse.
The Attorney General is requesting prison sentences of up to five years for Dimech and four years for Spiteri, along with fines of approximately €11,646.87 each and confiscation of equipment used in the alleged offences. While rejecting nearly all defence exceptions, the Court upheld one limited request by Spiteri concerning the removal of specific enumerated pages from the acts. Proceedings have been deferred sine die pending the outcome of any appeals.
Separate but related criminal proceedings concluded earlier against two architects charged in connection with the same collapse.
Earlier reports also examined the wider aftermath of the collapse, including regulatory outcomes, compensation issues, and the planned resumption of works on the development site.
The Magistrates’ Court, presided over by Magistrate Joseph Mifsud, found architect Roderick Camilleri guilty on all charges, including causing damage to Pace’s property and others through negligence. He was sentenced to 480 hours of community service and fined €10,000. Architect Anthony Mangion was found guilty on two charges, including involuntary homicide, and was ordered to complete 400 hours of community service and pay an €8,000 fine.
The Magistrate’s Court also ordered both men to jointly pay nearly €19,300 in court expenses. The Court did not suspend their professional warrants. Separately, disciplinary proceedings by the Chamber of Architects resulted in the suspension of the professional warrants of architects Roderick Camilleri and Anthony Mangion following findings of professional misconduct linked to the Pace case.
The jury trial of Dimech and Spiteri is expected to proceed once appellate procedures are resolved.
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