Bail denied to contractor charged with 20 offences over migrant worker found dumped on pavement

A building contractor has been denied bail after being charged with causing grievous injury to an employee who suffered spinal injuries in a fall.

Glen Farrugia, 31, one of two shareholders and a director of the company J&G Farrugia Contractors, was remanded in custody on charges related to an incident involving a migrant construction worker who was left injured on the side of the road in Mellieħa after a workplace accident last Tuesday.

Farrugia, from Żebbuġ, was charged with causing grievous bodily harm to Lamin Jaiteh from Gambia, as well as several other charges relating to breaches of occupational health and safety and labour market laws, including failing to pay Jaiteh correctly for working on a public holiday, failing to pay for unutilised vacation leave, Saturday pay and overtime as well as the statutory bonus, tax and national insurance.

He was also accused of tampering with a crime scene.

The incident sparked public outrage on Tuesday after a video posted to Facebook showed the worker, Jaiteh Lamin, 32, left on the pavement after having allegedly fallen a height of twostoreys on a construction site. Lamin was working without a permit for the construction company and his boss is alleged to have told him to say that he was hit by a car.

The incident was brought to light by a passer-by, who spotted the injured man and uploaded a video on Facebook in which the injured man can be heard sobbing and pleading that he doesn’t want to go to prison.

The video led to widespread condemnation across the board, with several employer organisations, Prime Minister Robert

Abela, Opposition Leader Bernard Grech and President George Vella calling for justice.

Farrugia pleaded not guilty to the charges. His lawyers, Franco Debono and Matthew Xuereb requested bail but this was denied by the court.

The prosecution was led by Superintendent Priscilla Caruana Lee and Inspector George Frendo, while lawyers Franco Debono and Matthew Xuereb appeared for the accused. The case was heard by Magistrate Nadine Lia.

In his arguments on request for bail, Debono objected strongly to the charge of grievous bodily harm and insisted the rest of the charges are punishable by fines. The accused has a “nearly clean” criminal record, he said. The only previous brush with the law was a conditional discharge some 14 years ago, Debono argued. “He is presumed innocent and court’s judgment will be made on what is heard in this court, not on the media,” the lawyer said.

The defence lawyer said the accused has opted to use his right to silence and will give his version, which is slightly different from that given by the prosecution, at the appropriate time.

The prosecution argued that the accused had already tampered with the scene of a crime and showed no remorse for the incident. “There is a real risk of him doing so again or approaching the victim who is in hospital.”

The court, after taking note of the circumstances of how the alleged crime took place, as well as the fact that the victim still needs to testify, denied bail.

The court ruled that in the circumstances there is a real risk of tampering with evidence. However, it solicited the prosecution to bring the victim to testify at the first opportunity.

For a minute-by-minute account of yesterday’s court proceedings, please visit www.independent.com.mt