Issue link: https://maltatoday.uberflip.com/i/1527639
5 maltatoday | WEDNESDAY • 9 OCTOBER 2024 NEWS MATTHEW AGIUS magius@mediatoday.com.mt MATTHEW FARRUGIA mfarrugia@mediatoday.com.mt PARLIAMENTARY secretary Malcolm Paul Agius Galea has questioned whether there is tru- ly a commitment to create open spaces for families, noting his outrage at the fact that a massive shopping mall is being proposed in rural area of Ħaż-Żebbuġ. On Tuesday, MaltaToday re- ported that the project, spanning over six floors – two of which are below ground – is set to in- clude a stagger- ing 46,277sq.m of retail space, along with a 4,634sq.m super- market and offices on six levels. Reacting to the sto- ry, Agius Galea stated, "If what's being reported is true, I cannot keep quiet. Ħaż-Żebbuġ deserves much better... Malta deserves better." The parliamentary secretary said that the building proposal makes no sense. "Are we truly commited to cre- ate space for sustainable devel- opment? Do we truly want open spaces that can be enjoyed by families?" The PL politician who once served as mayor of Ħaż-Żebbuġ clarified that he is not against private development, but insist- ed that this should be done in a way that can benefit all of soci- ety. "Our rural areas should be guarded for the sake of the phys- ical and mental health of our people. That is how we should improve quality of life," he con- cluded. 'Do we truly want open spaces that can be enjoyed by families?' - Parliamentary secretary Malcolm Paul Agius Galea stated that he can no longer stay quiet in the face of further development in his home town Parliamentary secretary fumes at news of massive Haz-Zebbug development Parliamentary secretary Malcolm Paul Agius Galea (inset) said Haz-Zebbug does not need a massive shopping mall, set to include a supermarket, on the site of a batching plant located in a rural area just off Mdina Road in close vicinity to the Sewda valley. Brian Tonna's fundamental rights breached by Speaker's ruling BRIAN Tonna's fundamental rights were breached by a rul- ing by the Speaker of the House and the Parliamentary Accounts Committee's witness guidelines, a court has ruled on Tuesday. Mr. Justice Giovanni Grixi, pre- siding over the First Hall of the Civil Court in its Constitutional jurisdiction, handed down judge- ment in the constitutional case filed by Tonna, the former owner of accountancy firm Nexia BT, over a May 2021 ruling by the Speaker during Tonna's grilling over the Electrogas deal. Tonna had been called to ap- pear before the PAC during dis- cussions on the results of a 2018 National Audit Office investiga- tion into the award of the power station tender to Electrogas. He had initially invoked his right to remain silent, but this right was expressly excluded by the Guide for Witnesses appear- ing before the Public Accounts Committee of the House of Rep- resentatives. A ruling was requested from the Speaker of the House on this matter. On April 19, 2021, the Speaker had ruled that a witness called to testify before the PAC, must answer questions if he is not the subject of related criminal pro- ceedings but could not be forced to potentially incriminate him- self. The Clerk of the House had lat- er written to Tonna, informing him that the Speaker's decision was clear and did not permit him to invoke the right to silence. Tonna's lawyers had argued that his right to silence was not being respected and that the PAC and the Speaker's ruling breached his right to a fair hearing. It was also argued that, because the non-ob- servance of PAC guidelines for witnesses by refusing to reply to questions was punishable by im- prisonment for up to six months, he had also suffered a potential breach of his right to personal liberty. In filing the case, Tonna had asked the court to declare the Speaker's ruling and the PAC guidelines for witnesses in breach of the Constitution and the Con- vention for Human Rights and order the expunging of all of the testimony and documentation that he had given the PAC be re- moved from the parliamentary proceedings. Damages were also requested. In the judgement handed down on Tuesday, Mr. Justice Grixti observed that the right to silence was intended to protect the fun- damental right not to incriminate oneself. In a scenario where a person is at the centre of allega- tions such as those against Ton- na, that right assumed a greater importance, "not only because he was already a defendant, but also because he had already assisted and was still assisting in pre-trial proceedings. "Therefore, the Ruling and the guidelines when speaking of criminal proceedings, or rather pending charges, fail to protect the right to a fair hearing." The judge declared the Guide for Witnesses appearing before the Public Accounts Committee of the House of Representatives breached Tonna's right to a fair hearing, as protected by the Eu- ropean Convention on Human Rights and the Constitution of the Republic of Malta, insofar as they obliged him to respond to the questions put to him by the members of the PAC, which could prejudice his position in other proceedings. The Speaker's Ruling had also breached his right to a fair hear- ing for the same reason, said the court, as it ordered the expung- ing of Tonna's testimony and the documentary evidence he had submitted. No damages were awarded, however, with the court noting that it "saw no reason for him to be given any non-pecuniary com- pensation or give other direc- tives," ordering the costs of the case to be borne by both parties in equal measure. Former Nexia BT partner Brian Tonna appears before the PAC in 2021 (Photo: James Bianchi/MaltaToday)