Issue link: https://maltatoday.uberflip.com/i/1335208
Sandro Chetcuti's ownership of the estate extends all the way from Villa Delfino, down to the bay and to the tip of the footpath connected to the public road 4 maltatoday | SUNDAY • 31 JANUARY 2021 NEWS MATTHEW VELLA THE president of the Malta Developers Association – Sandro Chetcuti – has de- fended a metal gate installed at the mouth of his estate at Fomm ir-Riħ which has barred public access to the foreshore. Confirming ownership of the exten- sive estate, which until recently includ- ed the secluded Villa Delfino at the top of the Bahrija promontory, Chetcuti spoke to MaltaToday through his law- yer Michael Grech in a defence of the gate barring access to the picturesque bay. The metal gate was discovered by scu- ba clean-up activist Raniero Borg at the passageway leading towards the foot- path that leads down to the bay, where a slope collapse recently made the bay further inaccessible. Grech said the passageway itself lead- ing from the public road, was privately owned despite being open to the pub- lic. "The same signs set up by the own- er have been vandalised and moreover, the gate was damaged by someone who tried to pull the same gate down," his lawyer said. Grech insisted that the gate served to eliminate the danger created by the current state of the passageway, as well as to limit the responsibility he had as owner of the estate itself, for accidents incurred by people crossing through the passageway. "The owners reached their conclu- sions on the dangers posed by the current state of the passageway after obtaining expert advice which was later certified by a renowned architect and geologist," the lawyer said. The 29 January 2021 report – that is, prepared this very week, by archi- tect Alex Torpiano – concludes that the steep and narrow passageway down Triq Fomm ir-Riħ was "a high risk for peo- ple navigating the pas- sageway, particularly (but not only) with fading light conditions." The report, seen by Mal- taToday, stated that it was "important that either ac- cess through the passage- way is prevented, or the edge of the passage way be marked properly, preferably with a form of railing." "The same type of risk ex- ists if people walk too close to the edge of the upper level, particularly be- cause the edge is char- acterised by cracks in the ground, as the edge is eroded away by the sea spray erosion below. These particular edges can fail without warn- ing." Torpiano recommended a barrier as well as a warn- ing sign at the edges. Ad- ditionally, he warned against the risk at beach level due to falling mate- rial from the rock levels above. "In this case, the only mitigation measure that can be suggested is to delineate a line parallel to the edge of the rock face, say a couple of metres away, and to warn people not to ac- cess this area. In this way, any falling rock pieces will not in- jure anybody." Chetcuti's lawyer told Malt- aToday that the video posted on social media in recent days had clearly shown the danger posed by the passageway, and that the dangers of the passageway were indicated in a sign affixed by the transport ministry itself, warning that the ground can break off without warn- ing. "Whilst it is not the owners' intention to preclude the public from reaching the foreshore, on the other hand it is likewise legitimate to avoid incidents which in turn could bring about legal responsibilities, Indeed, to date no au- thority has shown willingness to assume responsibility for any incident occur- ring at the site in question," Grech said. He said Chetcuti's intention was to al- low a safe and hazard-free passageway, whilst ensuring he is not held respon- sible for any mishap that could lead to criminal and civil proceedings. The lawyer said talks had been started with the authorities to reach a solution that balances out public and private in- terests. "The public is being once again ad- vised that the passageway should not be accessed and whoever ignores this message is doing so with full knowledge of the existing dangers… the property is private and it is expected that there will be no trespassing on the surrounding areas." Chetcuti doesn't want liability for dangerous pathway MDA boss says he has no intention of precluding public from reaching the foreshore, but does not want incidents that could bring about legal responsibilities because of dangerous footpath The metal gate blocking access to Fomm ir-Rih, recently vandalised, and the government warning against accessing the narrow footpath to the beach Villa Delfino Fomm ir-Rih bay Footpath (private)