Issue link: https://maltatoday.uberflip.com/i/1465136
NEWS 4 maltatoday | WEDNESDAY • 20 APRIL 2022 JAMES DEBONO A St George's Bay restaurant's tent structure, originally refused by the Planning Authority, has reappeared after the decision was partly overturned by the EPRT appeals tribunal. The tribunal acknowledged that Paranga restaurant's fixed glass structure as originally pro- posed would impinge on views of the beach, but accepted that a retractable tent would not have the same impact. Residents unaware of the EPRT decision were surprised to see the structure back in place just a few days before the election: the decision was actually taken in July 2021 but the permit reissued in January. Originally, the PA board re- fused Paranga's request to sanc- tion the structure rising 5m above the public promenade. Works had already started in 2018 but where stopped by the PA's enforcement unit. The restaurant belongs to the Eden Leisure Group, whose businesses include the nearby Eden Cinema complex as well as the Intercontinental Hotel. The Lands Authority had is- sued its consent for the works, but the PA's planning directo- rate recommended refusal due to the "unacceptable visual im- pact on the views from the pub- lic road and promenade towards the sea". The PA followed suit and re- fused the permit. An appeal was filed by archi- tect Robert Musumeci on behalf of Eden Leisure, arguing that a more invasive structure had al- ready been approved with a 2013 development notification order. Musumeci said the transparent glass and think metal frame en- sured the bay's visibility would not be affected, and reminded that the area had been allocated to Eden Leisure through a 2006 encroachment permit. The EPRT overturned the PA's refusal, saying the permit should be limited to a lightweight, re- tractable tent with open sides, 2.8m over and above the beach club's roof. Other structures constructed above street level had to be removed. The PA defended its refusal, saying the 'pre-existing commit- ment' to use the site for outdoor dining was "completely flawed" and that the development had specifically requested a perma- nent massive glass structure im- pinging on the bay vista. St George's Bay tent structure returns after tribunal's concession Appeals tribunal overturns PA's refusal for permanent glass structure that blocked bay's vista by allowing retractable tent for restaurant Three charged with stealing equipment from building site MATTHEW AGIUS ONE man has been jailed and two oth- ers have been remanded in custody after they were arraigned in court, accused of stealing thousands of euro from a con- struction site in Kalkara on April 17. Brendan Cachia, 35, from Vittoriosa, Ramon Abela,46, from Cospicua and Jo- sephine Alsulayman, 46 who has no fixed address were arraigned on aggravated theft charges before magistrate Victor Axiaq on Tuesday. Cachia was separately charged with stealing items from a garage in Cospicua on April 11, as well as another theft from Hamrun on 13 April. The man was fur- ther charged with breaching his bail con- ditions and failing to report to the police headquarters when ordered to do so. Abela was further charged with breach- ing bail conditions and recidivism, whilst the other two accused were also accused of recidivism. Before the sitting began, Alsulayman had to be repeatedly told not to attempt to talk with her co-accused by the es- corting police officers. The court heard how the police had been investigating a theft from a con- struction site in Kalkara, a house being built. That same night, the victim and owner of the property, who happened to be a police officer, noted three people in- side the site. He managed to detain and arrest one of them, Ramon Abela. Investigators found that CCTV foot- age showed that the thieves had been stealing from the property all day. The other two accused were identified from the footage. Arrest warrants were issued, leading to Cachia's arrest yesterday. Alsulayman was arrested this morning. During the course of the police inves- tigation it emerged that Abela had been involved in other thefts from Hamrun and Cospicua. Cachia's legal aid defence counsel, law- yer Martin Fenech, was allowed to ap- proach the magistrate's bench together with the prosecuting officers, where a discussion took place. When the case continued, Alsulayman, who told the court that she does odd- jobs, pleaded not guilty to the charges against her. She was followed by Cachia, who en- tered an admission to the charges . The court asked him if he knew the conse- quences of this admission. "Yes. Three years in jail" replied the accused man, confidently. He later repeated his guilty plea when asked by the court at the end of the sitting. The prosecution exhibited documen- tation relating to the investigation into Cachia, to allow the magistrate to make an informed decision on the man's pun- ishment.. Abela was next to be asked how he pleaded. "Not guilty," he said. The evi- dence against him will eventually be ex- hibited in the compilation of evidence against him. Fenech requested bail on behalf of his clients Alsulayman and Cachia. The prosecution objected to the release on bail of both, basing their objections on the fear of tampering with evidence and subornation of witnesses, as well as the two accused's untrustworthy char- acters. Their criminal records could not give the court peace of mind, he said, also highlighting their acute drug prob- lems, observing that this had led them to neglect their personal care and nutrition. Alsulayman did not have a fixed ad- dress, the court was told. Fenech submitted that the principal witness was a police officer. The accused did not know the identities of the victims or eyewitnesses, he added. Ellul cited judgments from the ECHR in Strasbourg on the issue of bail, also echoing his colleague's argument about the main witness being a police officer. The court, after hearing the bail sub- missions, said the criminal record of the accused raised a significant doubt in the mind of the court as to whether or not they could be trusted whilst on bail. In the case of Alsulayman, the fact that she did not have a fixed place of residence was also a determining factor in the court's decision, said the magistrate. Bail was denied. In view of his guilty plea, Cachia was jailed for three years and placed under a three year treatment order to address his addiction to illegal drugs. The court also ordered the man to compensate the victims for the stolen items. A restraining order was issued in favour of the victims. Lawyer Martin Fenech represented Ab- ela and Alsulayman. Lawyer Ryan Ellul appeared for Cachia in the proceedings. Inspectors Lydon Zammit, Stephen Gulia and Kurt Farrugia prosecuted.