Court acquits fireworks manufacturer over Catherine wheel incident

Licensed fireworks manufacturer Manwel Farrugia, 68 from Lija, was acquitted of grievously injuring 13-year-old Kurt Conner when a splinter from one of his Catherine wheels hit the youth in the face, in 2009.

Magistrate Edwina Grima acquitted the fireworks manufacturer after the prosecution failed to prove that the accused was negligent in hi pyrotechnic work, but appealed to the insurance company to pay adequate damages to the youth.

The Court held that it was not clear what caused the Lija Catherine wheel to fire up ahead of schedule, and the only clue as to the incident emanated from a statement the accused gave to the police. Further vidence confirmed that Farrugia and St Michael's Fireworks Factory had followed all rules and procedures that were set for the organisation of the National Fireworks Festival.

As it happened, Kurt Conner was not even following the festival but chatting to his friends at a distance of around 50 metres from the fireworks and well behind the safety barriers.

The boy, who was rushed to hospital in an ambulance, suffered grievous injuries to his face and and left eye. Witnesses who were on site only knew about the incident the following day from media reports. A police report was filed on the day and the police assumed that the insurance agency would follow up on the case. It was only seven months later, in November, that the police were informed by Conner's parents that no damages were paid, and an investigation was launched.

Farrugia, a licence 'A' pyrotechnics producer of over 40 years' experience, told investigators the Catherine Wheel was lit electronically through a battery connection, but he could not remember why the wheel was lit up ahead of schedule by the Kalkara and Ghaxaq crews.

Magistrate Grima said that without any technical knowledge of the manufacture of fireworks there was no proof of negligence by the accused, and said she could not understand why the actual manufacturers of the Catherine wheel were not asked to testify or spoken to by the police, before seven months had passed.

Inspector James Grech led the prosecution while lawyer Maruska Debono appeared for the accused.