Issue link: https://maltatoday.uberflip.com/i/1524298
8 maltatoday | SUNDAY • 21 JULY 2024 LETTERS & LAW Letters to the Editor Law Report The Balluta Bay saga CAN the ministers responsible for the Water Services Corporation, public works and health ensure that the entities beneath them take co-ordinated action to solve, once and for all, the sewage outflow prob- lem in Balluta Bay. If the public sewer is not to blame, as the WSC claims, then a proper investigation has to take place to determine what is causing the problem. If this is the result of illegal sewage dumping by a commercial establishment or possibly a household, then serious action should be taken against the perpetrator. If in some weird way, a nearby storm wa- ter culvert is partly to blame then it should be fixed and the source of the contamina- tion determined. It is ridiculous that public authorities seem more interested in shifting blame rather than take collective action to solve the problem. Balluta Bay may not be the biggest or most beautiful beach in Malta but it does provide some reprieve for those who live in the area, who would like to take a dip in the sea. It is a shame that this bay remains out of bounds for swimmers. P. Cachia St Julian's No electricity but it's fine on Enemalta's 'live' map ENEMALTA'S live outage map on its web- site is practically useless. When Gozo was plunged into darkness because of a wide- spread power cut the map was not show- ing any problems with the power supply. Similarly, I know of people living in other localities in Malta who have tried checking in on the map when electricity went out in their neighbourhood but to no avail. The map is a basic information tool for stricken customers to know that the power cut they are experiencing is not limited to their household. Enemalta might as well remove reference to 'live' from the map because if it is truly a live feed than somewhere along the way the transmission is being lost. I just hope this is a glitch and not an intended exercise to hide the true extent of power cuts. In 2024, I would expect a company like Enemalta to have a proper live channel of information for its customers. D. Tabone Rabat NO person can take the law in his own hands, even if his own rights are alleged- ly being violated by the other party. This was held in Police vs Joseph Camilleri decided on the 21 June 2024 by the Mag- istrates' Court as a Court of Criminal Ju- dicature presided by Magistrate Monica Vella. Camilleri was accused of, without the intent to steal or to cause any wrong- ful damage, but only in the exercise of a pretended right, disturbing the pos- session of anything enjoyed by another person, and interfering with the prop- erty of another person as provided for under Article 85 of the Maltese Crim- inal Code. In this case, it was observed that the accused was renting out property to Christina Camilleri, and subsequent- ly changed the locks of the apartment, while also withholding her belongings on 18 October 2022. Joseph Camilleri maintained that he was within his rights to do so since the lease expired on the 17th of the month. Moreover, he jus- tified the retention of her belongings due to the damages incurred within the leased property, asserting that these were not valuables. The Court analysed the evidence and statements of witnesses brought before it. The police had received a complaint from Christina Camilleri, who reported her landlord for not returning back her belongings from the rented apartment. Upon arriving at the property on 18 Oc- tober with her father, she also observed that the locks were changed and hence, had no access to the property. The following day, the police called upon Joseph Camilleri to gather his ver- sion of events. He said that excessive damage was done to the property, and also held both parties verbally agreed that Christina had to leave on the 17th, although no termination agreement was ever signed. He further maintained that he reminded her to leave the proper- ty on the 17th via WhatsApp, and al- though she never responded, he consid- ered the contract to be terminated, with the property becoming his, therefore allowing him the possibility to change the locks. Christina confirmed that the defend- ant was her landlord, and acknowledged that she had to vacate the premises on 17 October. However, she recalled an incident which happened on 18 Octo- ber where the landlord allegedly forced his way into the apartment and struck her because she left a window open. She said that this was not the only instance where the landlord had offended her. When asked about damages caused, she held that this was done by her ex-husband, although she expressed her regret and communicated her dis- appointment to the landlord. Her father also testified that, even when the police spoke to Camilleri, he did not return her belongings. The Court then went on to consider the other caselaw and elements which constitute the offence of Raggion Fat- tasi which occurs when an individu- al takes the law into their own hands. With reference to a judgment given by Judge William Harding, it was noted that the elements making up such of- fence are fourfold: 1. An external act which deprives a person of something which he is en- joying, carried out against the opposi- tion, whether expressed or presumed, of another; 2. The belief that the act is done as an exercise of a right; 3. The agent's belief that he is performing a 'di private braccio', some- thing which should have been done by a public authority; 4. Absence of title, which renders the act more serious. Even the simple detention of the right of enjoyment or use is sufficient for this offence to subsist, especially when it breaks the continued exercise of that right. The Court kept in mind that the locks were changed without the tenant's con- sent, thereby preventing her from get- ting back her belongings. Furthermore, Camilleri admitted to changing the locks and withholding the tenant's belongings because of the dam- ages which were caused. The belongings were only returned two months after the incident. After analysing all facts and evidence which came before it, the Court de- termined that the elements for Article 85 to subsist were satisfied. The Court explained that this would have held true even if Camilleri had the right to change the locks due to termination of the lease. Notwithstanding, the Court still had doubts with regard to this ter- mination. Seeing that damages were caused, Camilleri had alternative legal remedies available to him, both before the Civil Courts and the Rent Regulation Board. However, Camilleri took the law in his own hands, breaching provisions of the Criminal Code. Therefore, the Court ruled against Camilleri. One cannot take the law into his own hands, even when rights are allegedly violated JODIE DARMANIN Junior Associate Mifsud & Mifsud Advocates