Issue link: https://maltatoday.uberflip.com/i/1542030
7 maltatoday | WEDNESDAY • 17 DECEMBER 2025 NEWS ĦALEY XUEREB hxuereb@mediatoday.com.mt Geologists take government to court over exclusion from construction reform council THE Chamber of Geologists is claiming in court that it has been unlawfully excluded from the Building and Construction Con- sultative Council (BCCC), an ad- visory body set up as part of the reforms following the death of Jean Paul Sofia. The chamber filed a judicial re- view application in the civil court against the chairman of the Build- ing and Construction Authority (BCA), the Justice Minister, and the State Advocate. The application seeks a court order compelling the authorities to formally appoint the Chamber of Geologists as a representative member of the BCCC. The chamber grounds its case in the findings of the public inquiry into the death of Jean Paul Sofia, published on 28 February 2024, which identified the "indispensa- ble role" of geologists in the con- struction industry. The inquiry specifically sug- gested that before any form of excavation, a written geological assessment should be prepared to establish the nature and condi- tion of the subsurface. According to the chamber, this recommen- dation implies the formal recog- nition and regulation of the geo- logical profession, ensuring that such reports are prepared by suit- ably qualified experts. The chamber argues that, in the absence of legal recognition and a warranting system, geological assessments are currently being drawn up by professionals who lack the necessary competence in site geology. It also notes that Malta remains one of the few Eu- ropean countries, alongside none of its Mediterranean neighbours, where geologists are not formally regulated. According to the application, the chamber made multiple for- mal requests in March 2025 to the BCA and its chairman, seek- ing inclusion in the BCCC. These requests were sent on 3, 11, 13, 21 and 24 March. While the responsible minister allegedly agreed in principle to the chamber being admitted into the council, the application claims he subsequently refrained from ex- ercising his legal powers, instead deferring the matter to another party who lacked the competence to decide and ultimately refused the request. Following this refusal, the chamber filed a judicial protest in March 2025, claiming discrimi- natory treatment. That protest, the application states, was never answered. After the judicial protest went unanswered, the chamber lodged a complaint with the Office of the Ombudsman. In a report dated 14 July 2025, the Ombudsman concluded that the minister should immediately exercise his powers to formalise the Chamber's inclusion as a rep- resentative member of the BCCC. The chamber subsequently wrote to the respondents on 21 July 2025, invoking the Ombuds- man's findings and formally re- questing the minister to act on the recommendation. This cor- respondence was also "ignored and left unanswered", which the applicants argue constitutes an implied refusal under Article 469A(2) of Cap. 12 of the Laws of Malta. The applicants argue that the authorities have remained in default. Furthermore, the appli- cation alleges that the author- ities, including the minister, are "threatening to dissolve the BCCC entity and replace it with a new one" that incorporates all stakeholders except the chamber, in an effort to circumvent their mandatory inclusion. The applicants argue that such a move would amount to an at- tempt to circumvent their man- datory inclusion and would con- stitute discriminatory treatment in breach of national law. Given that the Administrative Justice Act does not provide for an administrative tribunal with the power to grant an effective remedy in this case, the chamber has sought direct recourse before the civil court. The chamber is asking the court to order its immediate inclusion in the BCCC. Alternatively, it is requesting that the court order its inclusion in any successor body should the government dissolve the council. In the event of continued non-compliance, the applicants are also asking the court to make the appointment itself. They are further seeking an order that all costs of the proceedings, includ- ing those relating to the judicial protest, be borne by the respond- ents. The Chamber of Geologists wants formal appointment to the advisory body set up after the death of Jean Paul Sofia(Photo: James Bianchi/MaltaToday) Court grants bail to man who admitted assault on elderly mother A 23-year-old man admitted in court to assaulting his elderly mother during an argument linked to his ongoing struggle with drug addiction, as well as to breaching two probation or- ders currently in force. The incident occurred in the early hours of 27 November, when the man's mother, an elderly woman of almost 80 years, went to the Birżebbuġa police station to report that her son had argued with her and struck her, causing her slight injuries. The court was told that similar incidents had occurred in the past and were connected to the accused's substance abuse. During submissions, legal aid lawyer Yanika Bugeja told the court the accused coop- erates well with probation officers and requested that probation be restarted from the beginning. At this junc- ture, the court expressed se- rious reservations, noting that the man had previously been convicted of a similar offence involving his father and had now reoffended against his mother. The defence submitted the man should be awarded a sus- pended sentence, remarking that instead of immediate jail, a suspended jail term would expose the accused to a sig- nificantly harsher custodial penalty if he were to breach it. The defence further stressed that the accused required treatment rather than impris- onment, explaining that the mother had reported the in- cident out of concern for her son's drug dependency rather than out of vindictiveness. The court considered the possibility of ordering a pre-sentencing report to as- sess the accused's behaviour over the past year and a half. The defence requested bail but expressed its concerns that the accused had no fixed residence apart from his mother's home. It was suggested that he be placed at Dar Papa Franġisku but it was made known that admis- sion to the facility required a referral through Appoġġ and is subject to availability on a first-come, first-served basis. The court granted bail sub- ject to strict conditions, or- dering the accused not to ap- proach or communicate with his mother. A separate pro- tection order was also issued in favour of the victim. As he was leaving the court- room, the man was warned that he was being given an opportunity and was urged to make use of it wisely. The case was adjourned to 3 February 2025 for further proceedings. Inspector Omar Zammit prosecuted. Legal aid lawyer Yanika Bugeja appeared for the man. Magistrate Viktor Axiak pre- sided over the arraignment. MAYA GALEA mgalea@mediatoday.com.mt