Architects in Miriam Pace tragedy could still lose their warrants

• Decision rests with Chamber of Architects, Infrastructure Minister

Two architects who were involved in the tragedy of Miriam Pace last year were only given community service and fined by a court, but they could still lose their warrant.

The decision now rests with the Chamber of Architects, which has reactivated its internal investigation into the case, and Infrastructure Minister Ian Borg, who would have to approve or refuse the chamber’s recommendation.

Many felt a sense of anger after Magistrate Joseph Mifsud decided not to jail Roderick Camilleri, 37, and Anthony Mangion, 73, despite finding them guilty of having caused the death of the mother of two when her house collapsed into an adjacent construction site on 2 March 2020.

Camilleri was the Project Architect for the site, and Mangion was the Site Technical Officer.

Several people also pointed out that the Magistrate could have handed down a one-year suspended prison sentence, which would have automatically led to the revocation of their warrants, but instead ordered them to serve over 400 hours of community service each.

By choosing not to issue a prison sentence, the Magistrate effectively kicked the ball into the Kamra tal-Periti’s court, sources told The Malta Independent on Sunday.

In a 98-page judgment, Mifsud noted that the accused were partly responsible for the death and added that justice has to be served. Mifsud also said that the Maltese society in general had been affected by the incident, with many people living in fear due to construction works taking place next door to their houses. He said, however, that in line with the concept of reparative justice, the duo should not be jailed. This would not benefit anyone, he said, comparing the case to that of a former drug addict who was spared jail for fear of relapsing.

The Magistrate also noted that he could have imposed a harsher sentence that would lead to the revocation of Camilleri and Mangion’s warrants but chose another path due to the abovementioned argument.

But this does not mean that the story ends here. It is a possibility that the Chamber of Architects will move to revoke the warrants nonetheless.

In a statement on Thursday, the KTP said it had reactivated its investigations into the matter, which had to be suspended while the court case was ongoing.

The chamber said that all architects automatically become members, and are subject to its disciplinary procedures, and are obliged to follow its directives and code of conduct.

Its council has the role to investigate any misconduct and establish adequate disciplinary measures. This could include the revocation of the warrant.

At this stage, the investigated architects can appeal the decision at the Court of Appeal.

If no appeal is filed, or if it is rejected by the courts, the KTP would then forward its recommendation to the responsible minister – in this case Infrastructure Minister Ian Borg – to revoke the warrant.

While the minister can either endorse or reject that recommendation, the sources explained that a rejection is very rarely the case and this part of the process is usually just a “rubberstamping” exercise.

Should the minister endorse the recommendation, he would then pass the issue on to the Periti Warranting Board, which is chaired by Simon Micallef Stafrace, for implementation.

The process, the sources said, could take a long time to conclude.

Another source said that, while public anger was understandable, the situation is “far from over.” This is because the contractor and worker who are also charged over the death, Ludwig Dimech and Nicholas Spiteri, are due to stand trial.

Following the judgment, the husband of Miriam Pace, Carmel, said the sentence was too lenient but added that the family was not seeking a vendetta.