ONE OF the first things you learn as a law student is that property is nine tenths of the law, giving a slight indication of the concerns of the first law-makers.
As societies developed, the law expanded to cover new areas like negligence and human rights. The objectives of the law also widened. It is not just about punishment and deterrence. It is also about accountability for one’s actions, whether the protagonists are individual citizens or cogs in the powerful state machinery. Responsibility is the key.
On June 11, 2008, Cyprus nearly experienced a disaster that would have burnt in the memories of people for generations. The Nicosia Municipal Theater roof collapsed on an empty auditorium, the night before school children were to stage an end of year production. The national theater company, THOC, which used the theater as a temporary home, happened to be away, rehearsing at the Blind School that month. The theater has 1,200 seats, most of which would have been filled by children, families and teachers.
The fact that the roof did not collapse a day earlier or a day late is nothing short of a miracle. The fact that it collapsed two and a half years after the municipality spent almost €6m renovating the building is at best, shocking.
What caused the entire roof to collapse so soon after so much was spent on improving the structural integrity of the building?
Ten days ago, the Investigative Committee handed over its 25-page report plus annexes to the Education Ministry, which oversees the work of THOC.
Education Minister Andreas Demetriou refused to go into the details of the report, hinting only that: “The steel structure’s resistance, on which the roof was placed, was not evaluated correctly among other things.”
Demetriou said based on what had been explained to him the steel shears’ ability to withstand the weight of what was going to be hung from them was miscalculated.
He would not go into the legalities of apportioning blame, leaving it to the municipality, which owns the building, and Attorney general to decide on.
The Investigative Committee Chairman, George Ioannides, said the report did not apportion blame to particular people but provided the “technical reasons that caused the failure”.
However, the report lists the duties and competencies of everyone involved in the project, leaving scope for a link to be made which “could lead to people who bear some responsibility”, he added.
In other words, responsibility for the accident does exist in various proportions and at different levels. Ioannides hinted that there was more than one serious reason for the collapse, noting there could be primary responsibility and “other secondary aspects”.
So, should we expect to see further action on this issue or will the report find its way to a dusty shelf in some half-lit office.
As one social observer put it, “We need to address the culture of complacency that makes us all potentially guilty through neglect and negligence every day as we go about our daily business.”
When the report was first handed over, the Education Ministry delayed a full 24 hours before giving a copy to the Nicosia Municipality. According to a ministry source, they were wary of passing it over as the municipality was included in the list of potential suspects who could end up bearing responsibility for the accident.
After the insistence of Nicosia Mayor Eleni Mavrou, the report was finally handed over a day later.
“I read it with our legal advisor and now have to decide the next step,” Mavrou told the Sunday Mail from Paris.
The municipality will be looking into whether civil proceedings can be launched against any of the partners responsible for the renovation, while disciplinary actions against its own services has not been ruled out.
“In my view responsibilities do appear. The technical responsibility is obvious, what this means legally, is up to the legal advisor to tell us,” she said.
The Mayor said they would at all aspects, including possible negligence on the part of the municipality.
The report is also at the Attorney-general’s office, who will decide whether there is a case for criminal responsibilities.
Asked whether there was a chance nothing would be done, Mavrou replied: “No, because this is the only way we are going to get the money to fix the theater. We will look at our civil law options independent of what the Attorney-general decides.”
Mavrou could not put a time frame on proceedings, noting: “It’s hard to say how long this will take because this kind of thing doesn’t happen very often, if ever.”
So rare that the level of interest in the report’s contents is sky high, particularly among those who could face criminal, civil or disciplinary proceedings against them, as confirmed by two independent sources.
Linos Chrysostomou, former head of ETEK (Scientific and Technical Chamber) believes the report has to be made public.
“I think the report should be made public if this investigation is to have value and to avoid similar actions in the future, especially when talking about public buildings,” he said.
The civil engineer said it would be prudent to check all public buildings to identify potential weaknesses and fix them.
“There have to be penalties not just to punish people but to give the message that there is a State, which punishes those who are negligent or don’t do their work properly.
“Unfortunately, the mentality here and the way people behave, shows they are not convinced that our society can punish those who violate the laws. If we enforce the law, citizens will feel more confident that laws are applied, as well as compelled to apply the laws themselves,” said Chrysostomou.
By Stefanos Evripidou, Cyprus Mail, February 15, 2009
