Parents of youth killed in furniture factory accident file judicial protest

A couple whose son was killed in an industrial accident at Construct Furniture have filed a judicial protest against the authorities arguing that “disorganisation and serious lack of communication” between the police and health and safety authorities was prejudicing their interests.

The judicial protest addressed to Police Commissioner Cutajar and the chairperson of the Occupational Health and Safety Authority (OHSA) was filed this morning by Leonard and Claudette Bartolo, whose son Matthew was fatally injured when he was trapped in a woodworking machine at the Construct Furniture premises.

Criminal charges of involuntary homicide were filed against John Agius, 53, the director of Construct Furniture, his daughter Amanda Cefai, 31, as factory administrator and her husband, James Cefai, 38, a foreman, following a magisterial inquiry into the death of 17-year old Matthew Bartolo on 4 June 2015.

Bartolo, from Kirkop, died after getting caught in a door-manufacturing machine. A number of apparent breaches of health and safety procedures were later identified.

Although proceedings are ongoing before Magistrate Claire Stafrace Zammit, the victim’s parents pointed out that no health and safety official had made an appearance in the suit so far, despite this being a case involving a workplace injury.

At no stage of the proceedings had the chief executive officer within the OHSA or any representative appeared “to examine or cross-examine witnesses, produce evidence, make submissions in line with the charges and handle the prosecution on behalf of the police” according to law, reads the protest, which describes the matter as a “blatant irregularity.”

This omission was proving to be prejudicial to the ongoing compilation of evidence and negatively affected the judicial interests of Bartolo’s bereaved parents and his two siblings.

The couple called upon the police commissioner and the chairperson of the OHSA to bring their position in line with the law, or be held responsible for all damages, current and future, suffered by the protesting parties in the course of the ongoing criminal proceedings.

Lawyers Jason Azzopardi and Kris Busietta signed the judicial protest.