Issue link: https://maltatoday.uberflip.com/i/1509248
4 maltatoday | SUNDAY • 8 OCTOBER 2023 NEWS MATTHEW FARRUGIA THE authorities are yet to inves- tigate reports of toxic fumes from an Iklin asphalt plant because of- ficials are "waiting for their over- time" to be approved. Residents have been complain- ing for years on the toxic emis- sions and calling for inspections to be carried out by the authori- ties. The stench from the fumes has also frustrated Social Policy Minister Michael Falzon, an Iklin resident. However, in replies to questions from this newspaper, the Envi- ronment and Resources Author- ity and the Environmental Health Directorate said their officials were "waiting for their overtime" to be approved before they can carry out inspections. Emails exchanged between the minister and ERA's acting CEO Kevin Mercieca, seen by Malta- Today, show that in May 2022, Falzon lambasted the lack of ac- tion from the authorities. Other residents joined a Face- book group, where they frequent- ly report smelling the plant's fumes that also reach the neigh- bouring towns of Għargħur and Naxxar. Deepending on the wind direction, the smell from the as- phalt plant can sometimes be no- ticed from MaltaToday's offices in San Ġwann. Over the past few days, resi- dents in the Facebook group have continued to experience the in- sufferable smell in their homes. Speaking to this newspaper, one resident said fumes infiltrated his home even with the windows closed. Another resident told MaltaToday that despite never having respiratory problems such as asthma, he recently had to purchase an inhaler, blaming his state of health on the fumes. The problem is exacerbated, he explained, during instanc- es of high humidity and southerly winds. "If I go into my living room when this happens, it would be like I'm standing in the middle of exhaust smoke." He also detailed how resi- dents have been reporting this is- sue to ERA for over two and a half years to no avail. Residents were told there are no legal obligations for such plants to filter emissions. MaltaToday had written about the lack of environmental regu- lations covering asphalt plants in 2019. In emails seen by this newspa- per, ERA had informed a com- plaining resident that the au- thority had received numerous reports regarding the plant. Here it was explained that the authority had already spoken with the Iklin local council and informed them that, "no analyser that can smell what humans smell exists, therefore, from experi- ence we know that air monitor- ing offers no solution." The email, sent by ERA CEO Kevin Mercieca in May 2022, continues to state that the au- thority will do its utmost to strengthen enforcement in envi- ronmental matters. 'No peace of mind' - Michael Falzon Among the many residents af- fected by the fumes is minister Michael Falzon, who also ex- pressed his frustration in at least two emails. In one email which was copied to Health Minister Chris Fearne and Environment Minister Miri- am Dalli, Falzon said that he can confirm "one million percent" that the stench around the plant is insufferable. In a later email, Falzon seemed to take issue with ERA's re- sponse to residents' complaints. "I'm going to be clear and frank with you," he wrote to Mercieca. "The smell is so insufferable that you can smell it with a blocked nose." Falzon slammed Mercieca as he said that the fact that ERA doesn't want to monitor the air quality grants him, "no peace of mind." "We've been waiting for some form of action for too long and this has never arrived. Whether or not there's any will for action to be taken is another issue," he lividly concluded. Meanwhile this newspaper, posing as a concerned resident, phoned the Environmental Health Directorate to inquire about its actions in the area. Here, MaltaToday was told that inspections near the plant are to be held, and that it's only a mat- ter of "overtime approval." Official questions sent to ERA and the Environmental Health Directorate were not answered. No inspection of Iklin asphalt plant emitting toxic fumes pending overtime approval Fumes from the asphalt plant in Iklin are a big inconvenience for residents in the area, including minister Michael Falzon (inset) KURT SANSONE A prison inmate serving a four- year jail term is claiming that the conversion of a pending court bill into additional jail time is breaching his human rights. Fernando Gonzalo-Noel Sanchez has filed proceedings in front of the First Hall of the Civil Court in its constitutional jurisdiction to challenge the pro- visions in the Criminal Code that allow unpaid court expenses to be translated into jail time. Sanchez was jailed for four years in October 2022 after admitting to injuring several people and resist- ing arrest when under the influ- ence of drugs. The magistrate pre- siding the case also ordered him to pay all court expenses related to his case. The Court Registrar subsequently drew up a bill of ex- penses worth more than €23,000. However, Sanchez now faces the prospect of spending almost six more years in jail after the Court Registrar asked the Crim- inal Court to convert the un- paid bill into jail time at a rate of €11.65 per day. Earlier this year the Criminal Court decreed in favour of the Registrar, which meant Sanchez would have to spend an addition- al 2,004 days in prison. This was more than the punishment he re- ceived for his crime. The inmate challenged the court ruling on procedural grounds – he was not even heard in court and no breakdown of the bill was provided – and on the grounds that the decree breached his human rights. The Criminal Court then sus- pended its ruling to convert the bill into jail time, ordered the Registrar to provide a detailed breakdown of expenses and said it would stay proceedings until the constitutional case is decided. On 26 September, through his lawyer Kevin Dingli, the inmate filed a constitutional case against the State Advocate claiming a breach of human rights on sever- al counts. The case has been as- signed to Judge Ian Spiteri Bailey. Sanchez is claiming the prison time that resulted from the con- version was "disproportionate" considering that it was more than his original sentence. He is challenging the provisions in the Criminal Code that allows court expenses, as opposed to fines, to be translated into jail time. This, he claims, breaches his fundamental right to be pro- tected from arbitrary detention. Furthermore, Sanchez is also claiming discrimination since the Registrar chose to use the article in the Criminal Code that converted the bill into jail time, rather than opting for a different clause that would allow the Reg- istrar to convert the unpaid bill into civil debt. He asked the constitutional court to provide any remedies it deems fit to protect his funda- mental human rights. The constitutional case was filed by lawyers Kevin Dingli and Suzanne Shaw, who are assisting Sanchez. Prison inmate claims breach of human rights after court bill is converted into 2,000 days of jail time