Man fined €10,000 for breaching quarantine files constitutional challenge

Oct 1 2021

A man facing a €10,000 fine for breaching COVID-19 health regulations has claimed that the fine is in fact illegal and filed for constitutional proceedings. Nicholas Gatt, who was booked on the 10th of March by the Environmental Health directorate for disobeying quarantine measures, contested the fine and received a summons. He was ordered to appear before a Commissioner for Justice in June.

Accompanied by his lawyers, Gatt argued that the proceedings breached article 39 of the Constitution which enshrines the right to a fair hearing. The lawyers argued that since the fine of €10,000 amount to criminal charge, it must be heard by a competent court. Two legislative attempts to fix the ‘illegal and unconstitutional’ situation were made by the government who was aware of the issue.

Bill 166 was published in October of last year, but was not approved by parliament. Subsequently, Bill 198 was published in the Government Gazette in February 2021. In preliminary ruling carried out on September 16th 2021, the Commissioner for Justice presiding over the Tribunal dismissed Gatt’s preliminary pleas.

This, he did, on the basis that the Tribunal was acting in accordance with laws passed by parliament. Gatt reacted by applying to the Civil Court in its constitutional capacity for redress. He is arguing that the September judgement clearly indicated that the applicant’s fundamental rights were not and will not be safeguarded, leading to breach.

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Photo Source: Kamra tal-Periti, Cleveland Clinic Health Essentials

WATCH: Highly damaged car abandoned on Mellieha pavement in front of bar

Oct 1 2021

A video posted to TikTok by @carsaddiction shows a red vehicle with sever damage to its rear end resting on a pavement in front of a Mellieha pub. The car blocked the entrance of Cross Keys British Pub, even toppling a small table. Bits and pieces of debris littered the pavement where the car was abandoned.

@carsaddiction.com

Sidewalk Seating Is Stupid #carwreck #accident #noonewashurt

♬ original sound – Ryan CarsAddiction

It seems as though the car was parked but hit from the back and left there throughout the night. Some commenters pointed out that this is in fact a regular occurrence, with others finding the situation humorous. It is unclear who the car belongs to, but the account who uploaded the TikTok did caption the video with a hashtag stating no one was hurt.

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Source: carsaddiction.com TikTok

Over 30 birds in private field brutalised by dogs

Oct 1 2021

Over 30 birds, consisting of ducks, chickens and geese, were mauled to death as free-roaming dogs broke into a private field. The killing spree took place on the 29th of September, with the dogs managing to enter an otherwise safe and secure field. The disturbing event was highlighted by Animal Liberation Malta on Facebook, who stated that the dogs were left to roam freely all night long, despite the owners knowing what harm the canines were capable of.

The NGO stated that this is ‘yet another example of human ignorance where the animals are the ones who pay the price’. ALM also stated that this is not the first time such a bloodbath took place, with commenters calling for a radical change in such matters. The ALM post did not specify who the birds or dogs belong to.

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Photo Source: Animal Liberation Malta

Solar Farm proposed for Siggiewi ODZ land

Oct 1 2021

The limits of Siggiewi have received another proposal for the development of a solar farm on ODZ land. A substation, photovoltaic panels and the construction of a section of boundary wall have been outlined by the plans, set to occupy approximately 10,071sqm of land. This would overlook Wied Hanzir in the proximity of Triq Bur ix-Xewk.

Bajada New Energy’s managing director Mark Bajada applied for the permit, seeking to transform the field into a solar farm. The field is not alien to such proposals as the Planning Authority allegedly received a similar application back in 2015 by Renergy Ltd.

The application was refused in 2018 as the site could not be considered a disused quarry due to vegetation taking over. The solar farm policy highlights that quarries which have been restored before the date of adoption of this policy are ineligible for solar farm development.

A rise in applications for solar farms on agricultural land has been noted, despite Malta’s solar farm policy not permitting their construction on agricultural land. This could indicate a potential loophole for both solar farm and rural policy, with farmers and residents of surround areas often opposing the various permits popping up.

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Photo Source: Lovin Malta