Issue link: https://maltatoday.uberflip.com/i/1500833
2 NEWS maltatoday | WEDNESDAY • 7 JUNE 2023 2 MATTHEW AGIUS REPUBBLIKA have asked to be admitted as a party to Jo- seph Muscat's constitutional case in which he is requesting that the magistrate conducting an inquiry into the hospitals concession be replaced. The rule of law NGO tabled the urgent court application this morning, in the acts of the constitutional case filed by for- mer Prime Minister yesterday. It points out that the magis- terial inquiry into the hospital privatisation deal with Vitals Global Healthcare had been launched in 2019 after Repub- blika had filed a legal request for one in court. The NGO also argues that Muscat made several references to Repubbli- ka in yesterday's constitution- al application and had given a skewed interpretation of its ac- tions in his regard. These facts meant that Repubblika had a "direct, concrete and substan- tial" interest in Muscat's con- stitutional case that justified its admission as a party. The same applied to Notary Robert Aquilina, the NGO's president, it said, pointing to the fact that Muscat had at- tached a Facebook post writ- ten by Aquilina to his constitu- tional application. Repubblika strongly denied Muscat's assertion, made in constitutional application, that it had prior knowledge of the fact that the police were going to search his residence, adding that it could only rebut this al- legation if allowed to intervene in the constitutional case. The application, citing juris- prudence from the Court of Appeal, pointed out that an- yone who could prove a valid interest in an ongoing case be- tween two parties, to the satis- faction of the court, may be ad- mitted as a party to it, but the admitted party could not then stop the case from proceeding. It also quotes the same court's 2019 decision to allow lawyer Joe Brincat to intervene in the case filed by activist Emanuel Delia against the Minister for Justice to assert his right to freedom of speech. Lawyer Jason Azzopardi signed Repubblika's applica- tion. THE police are looking for a man behind a grocery shop theft in St Paul's Bay on Monday evening. The theft was carried out by a hooded man who threatened the shop's 52-year-old female em- ployee with a knife and demand- ed cash. He fled shortly after with a sub- stantial amount of cash. The incident happened at around 9:30pm in Triq ix-Xitwa, San Pawl il-Baħar. Police are still searching for the alleged thief, and investigations are ongoing. Duty magistrate Marse-Ann Farrugia has launched an inquiry. Repubblika ask to join Joseph Muscat's Vitals recusal case Architect 'surprised' objectors missed similar, larger projects in same area Police looking for man behind St Paul's Bay grocery shop theft Joseph Muscat CONTINUED FROM PAGE 1 The application has been presented by Grand Property Holdings Ltd, a com- pany whose directors are James Bar- bara and Jason Mifsud, whose architect is former Planning Minister George Pullicino. During the meeting project Architect George Pullicino referred to a similar application approved five years ago on land which he claimed is "double the size" of this one which attracted only one objection. While saying that he respected NGOs he expressed his sur- prise that those objecting to this appli- cation had missed this application. The application (PC 17/2008) was approved in 2018 on 18,500 sq.m of farmland. The former Minister also referred to a similar application approved last year on an adjacent 3,400sqm agricultural plot "The PA should apply the same yard- stick it applied on other neighbouring and adjacent lands." Pullicino insisted that it was parlia- ment which included the land in the development zone and the Authority was only expected to set planning pa- rameters with regard to road develop- ment and building heights. Lawyer Claire Bonello referred to the loss of agricultural land. She referred to a cabinet memo which guided the ra- tionalisation process which states that no development should be allowed on irrigated arable land (raba saqwi). She also referred to the SPED, the highest ranking planning policy whose policies protect agricultural land. She also referred to a court sentence issued in 2021, which confirmed the legality of the extension of boundaries in 2006, while stating that approval of requests for development on rationali- sation sites is not automatic, especially when development impacts on agricul- tural land. Pullicino insisted that the memo on- ly excluded irrigated arable land (ra- ba saqwi) and the land in question al- though agricultural was not irrigated land. Bonello rebutted that no such distinc- tion between irrigated agricultural land and other agricultural land in the SPED which is the highest ranking planning policy. Architect Tara Cassar referred to the lack of respect for the site context and the lack of transition zones. "Although the site was included in the development zone, there is no obliga- tion to develop the whole site with five storey buildings." Claria Cutajar from Moviment Graf- fitti insisted that the permit should be assessed under the SPED policy which over rules development on agricultural land. Various speakers referred to the lack of transparency with regard to the doc- umentation related to land ownership. Wayne Flask asked whether board members are ready to take personal re- sponsibility for their decision. To this, the council's chairman replied that council members were not personally responsible but the Authority is col- lectively responsible for its decisions. None of the board members felt the need to defend their position in favour of the development before the vote was taken. 11,590sq.m plot of farmland in the Nigret Project architect, former Planning minister George Pullicino (left), faced objectors, including lawyer Claire Bonello (right) who insisted a cabinet memo states that no development should be allowed on irrigated arable land (raba saqwi)