Proceedings against a man charged with two counts of manslaughter after an explosion at a Southampton apartment block four years ago have been abandoned.

The Crown formally entered a nolle prosequi at the Supreme Court yesterday morning in the case against Robert Tota, owing to the refusal to appear of a key witness.

Prosecutor Adley Duncan presented Puisne Judge Alan Richards with a document signed by the department director to signal the end of proceedings. Mr Richards said that Mr Tota was free to go.

The blast at Hilltop Court in May 2022 claimed the lives of Oscar and Jove Mascarinas, a couple from the Philippines.

Cindy Clarke, the Director of Public Prosecutions, previously said that the charges related to allegations of gross negligence and that it was alleged that Mr Tota was responsible for installing a gas stove at Hilltop Court.

Mr Duncan told The Royal Gazette: “This week’s empanelling of a jury represented the third attempt by the prosecution to present a case against Robert Tota which, on previous occasions, had been delayed by legal argument, on the first occasion, and an unforeseen issue with a juror on the second occasion.

“Each legal argument mounted by the defence in the progression of this case to trial has been unsuccessful, including their most recent argument deployed on the eve of trial, in respect of which a ruling in favour of the prosecution was delivered.

“The prosecution remained keen to present issues for due consideration by a properly empanelled jury. It came to light unfortunately that a material witness for the defence suddenly became unavailable, and the prosecution faced what we evaluated to be an insurmountable challenge in seeking to establish criminal negligence beyond reasonable doubt.”

Mr Duncan called it “sudden and surprising”.

“At all times, the prosecution remained ready to present evidence of criminal negligence involved in what appeared to be faulty installation of a gas stove. Unfortunately, due to witness unavailability at a very late stage of the case, the viability of the case became insurmountably compromised.”

Charles Richardson, representing Mr Tota, said he had been prepared to go to trial and “methodically dismantle” the allegations.

The lawyer said it was “glaringly apparent” that the prosecution’s case was compromised by forensic gaps, a rush to judgment and the reluctance of a critical witness to face cross-examination.

“From the very beginning, investigators seized upon the mere coincidence that a new stove was installed on the day of the explosion. This tunnel vision led to a reckless rush to judgment against Mr Tota,” Mr Richardson said.

“The prosecution entirely ignored the underlying reality: the residence at Hilltop had been experiencing serious, ongoing gas leakage issues due to antiquated, un-maintained gas lines and regulators for at least 18 months prior to any involvement by my client.

“Instead of properly investigating that decaying infrastructure, the Crown built a case on forensic quicksand. Most fundamentally, a central piece of physical evidence — the critical section of the gas pipe — was ‘accidentally’ thrown into the trash by the Bermuda Fire and Rescue Service.”

He added: “We were prepared to expose these analytical short cuts at trial, but the flaws were so objectively severe that the presiding judge intervened early, taking the significant step of excluding a portion of the expert’s opinion because it simply could not withstand basic scientific scrutiny.

“The structural collapse of the Crown's case was finalised when the premises’ landlord and property manager flatly refused to appear in court,” Mr Richardson continued.

“The defence had prepared a surgical cross-examination designed to force the landlord to answer for the deplorable and highly hazardous pre-existing condition of the property's gas supply lines at Hilltop.

“Their refusal to take the stand and face that scrutiny left the Crown with an unviable case, making a nolle prosequi the only logical outcome.”

The lawyer added that Mr Tota was relieved and looking forward to returning to his normal life.

Mr Duncan rejected the comments, however.

He added: “We regret that the matter has not been ventilated in the manner we consider to have been ideal.

“The loss of human life is always a matter which our office regards with the utmost seriousness. The events which led to the termination of criminal proceedings were matters entirely beyond our control and our ability to predict.

“We have been in contact with attorneys representing the family members of the deceased in related civil proceedings, who continue to have our support in the pursuit of justice.”

Mr Mascarinas, 49, was seriously injured and pronounced dead at the King Edward VII Memorial Hospital following the explosion.

Mrs Mascarinas, his 50-year-old wife, was critically injured and pronounced dead eight days later.

Mr Mascarinas was a popular, longstanding member of staff at Aberfeldy Nurseries in Paget and active with the Radnor Road Christian Fellowship, while Mrs Mascarinas’s work included child-minding.

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