Hotel owner Michael Zammit Tabona filed constitutional proceedings against the Superintendent for Public Health, saying that the quarantine requirement for Maltese residents returning from abroad without a booster dose breaches fundamental rights.
The Superintendent and the state were also accused of having created an illusion of a national health crisis and having ‘painted a very negative picture for the public’ and that this picture was not based on facts or science.
The application was filed this morning before the First Hall of the Civil Court in its Constitutional jurisdiction. Zammit Tabona’s lawyers, Eric Micallef Figarro and Keith Borg, explained that the businessman had been administered two doses of the vaccine but has not yet taken the booster shot as he deemed it ‘scientifically useless’ and ‘potentially dangerous.’
In the case he filed against Charmaine Gauci as well as State Advocate Chris Soler, Tabona said that the covid measures around travel were affecting his work which involved lots of overseas travel. The hotelier had allegedly sent a letter to Gauci in January, attaching results of laboratory tests conducted in November, December and January. The tests concluded that he had immunity against the virus and that the booster was thus useless and possibly dangerous.
With no reply received, he sent a reminder on the 9th of February, which also went unanswered. A third letter was sent on March 3rd upon return to Malta, but this was also ignored after he was placed in quarantine. His lawyers argue that the requirement for COVID-19 certification and quarantine restrictions are not based on science and breach fundamental human rights.
Zammit Tabona has called upon the court to declare the legislation and measures it implements as going against fundamental rights and therefore null and void.
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