Polidano bosses acquitted of criminal liability for workers’ loss of limbs in electrocution incident

A court has acquitted Polidano Brothers Ltd’s directors, Carmel and Paul Polidano, and one of their employees, of criminal liability for an incident which resulted in a worker losing two of his limbs.

The directors had been charged with negligently causing grievous bodily harm, together with Joseph Camilleri, the director of project supervisor company Mays Corporation Ltd, and Polidano Brothers employee Peter-Paul Caruana, who was the person responsible for the site.

Caruana and the Polidano brothers were also charged with breaching health and safety laws, while Camilleri faced an additional charge of failing to ensure that the site safety and security plan was being followed.

The incident occurred on 30 April 2011 on Triq Marfa, limits of Cirkewwa, when a worker operating a high-up had accidentally struck an overhead 33V electricity cable and was electrocuted by an electric current that was so strong that it also blew out the truck’s tyres.

The worker was rushed to hospital with severe burns, in danger of death, but ultimately survived, although two of his limbs had to be amputated.

He had testified that at the time of the incident, he had been operating the crane arm, known as a jib, unloading concrete barriers, known as jersey blocks, from the truck onto the road. 

With three blocks to go, jib operator Joseph Bugeja received a phone call and had crossed the road to be able to hear the caller over the noise of the machinery. When he returned, he had raised the jib and struck an overhead high tension electricity cable and was electrocuted. 

A court expert had concluded that there had been an element of contributory negligence on the victim’s part.

An Enemalta representative had told the court that the electricity company had not received any request to temporarily suspend electricity provision in the area while the works were being carried out.

In a judgement delivered on July 8, Magistrate Claire Stafrace Zammit acquitted the Polidano brothers and Caruana of all criminal liability.

The court noted that Caruana had not been in charge of site safety at the time and had, in fact, only been put in that role a month after the incident had occurred and that the victim had been certified after receiving training for the job that he had been doing at the time.

Although the victim’s negligence had been a factor in the incident, the magistrate said that this did not exonerate Camilleri from responsibility, as he had failed to inform Enemalta Corporation about the works. Finding only Camilleri guilty of negligent grievous bodily harm, the court ordered him to pay a €2,500 fine.

Lawyers Michael Sciriha and Lucio Sciriha were defence counsel for Paul Polidano and Carmel Polidano. Lawyers Vince Micallef and Jacob Portelli represented Peter Paul Caruana, while lawyer Norma Vella Bardun assisted Joseph Camilleri.