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MW 20 January 2016

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2 maltatoday, WEDNESDAY, 20 JANUARY 2016 News Vessel used in human trafficking belonged to car bomb victim's wife's company MATTHEW AGIUS THE company owning an im- pounded fishing vessel, allegedly used in human trafficking, has con- nections to last week's car bomb victim Martin Cachia – in spite of its representatives denying this in court as recently as last Thurs- day. Cachia, 56, was killed on Sat- urday when an explosive device went off inside his car at Marsas- kala. The police are understood to be investigating the possibility that he had been transporting the bomb, rather than being its in- tended victim. He had been charged with hu- man trafficking in 2013, after the police had carried out a search of a fishing vessel, the Liberty V. The officers had been tipped off that 20 irregular immigrants were aboard. But waiting for po- lice on the quayside, Cachia had told Inspector Mario Haber that the crew had rescued them from a vessel in distress. According to documents seen by MaltaToday, the vessel Liberty V is owned by Liberty Fishing Company of Marsaskala. A search for the registered officers of that company reveals its director to be one, Elena Dubravnaya – who also occupies the roles of legal and judicial representative, as well as that of company secretary. In that same document, Dubrav- naya is listed as residing at the same Pembroke address as Cachia. The woman's LinkedIn profile lists her surname as "Cachia," and describes her position as a clerk working for Liberty Fishing. Also seen by this newspaper is a letter, signed by Pierre Darmanin, from Zurrieq and dated 11th De- cember, 2015, asking an unspeci- fied recipient to permit Cachia to travel with him to Egypt. Dar- manin is the director of Darmanin Fisheries Limited. But the Attorney General's Of- fice had strenuously objected to this request, with lawyer Giannel- la Camilleri Busuttil describing Cachia as an untrustworthy man who was undergoing multiple criminal proceedings for serious crimes. He had breached previous bail conditions, said the lawyer. Inquiring Magistrate Joe Mifsud had turned down the request. Liberty Fishing Company Lim- ited had exhibited a note last Thursday showing the extract from the MFSA records seen by this newspaper, which lists Du- bravnaya as company director, pointing out that Cachia is not mentioned anywhere. After being arrested in 2013 Cachia had refused to answer any questions during his interroga- tion, but his Egyptian crew soon changed their story of rescuing sailors in distress with the Liberty V having encountered problems with her bilge pump. They had contacted Cachia, who at first in- structed them to return to shore, but shortly afterwards he called up a crew member and told him to stand fast and await another vessel that was sailing to their location to pick up their cargo of around 70 boxes of Russian vodka. After the two vessels had gone alongside and before transferring the alcohol, the crew said that be- tween 28 and 42 passengers em- barked their vessel from the other boat, which had a Libyan crew. The passengers included around five women and four or five chil- dren, who they said were "prob- ably Syrian." It reached land at Ras Hanzir, near Paola and had suc- cessfully off loaded part of its hu- man cargo into a van before drugs squad police arrived on the scene. The officers were told by the crew that around 20 people remained on board the vessel. The crew are facing separate criminal proceedings. Multiple sclerosis sufferer's dog lands him in court again MATTHEW AGIUS SPICE, a husky dog, was the centre of at- tention outside and inside the law courts yesterday, after angry neighbours filed a second police report against its owners, whose daughters – and Spice – sat patient- ly on the steps outside the court building while the case was being heard. The dog's owner, Therese Bonello, had already been in court on public order charges last September, after neighbours had reported the dog for howling at night and that it urinated in the balcony, the urine then dripping on to common areas below. Bonello was acquitted. The defendant's husband is a multiple sclerosis sufferer, the court was told, and the dog was an essential part of his treat- ment. The couple insisted that the allega- tions of howling were baseless. Alexander Buhagiar, parte civile in the case, told Magistrate Claire Stafrace Zam- mit that he had filed a police report after the dog was let off its leash in the common area of the block. The dog would playfully pounce on people and as a result, his wife, who is terrified of dogs, felt uncomfortable living in her own home. Furthermore, the owner had "only of- fered an apology" for an incident when the dog had jumped in his direction as he was traversing the common area. However, the next witness, Police Con- stable Edwin Mulvaney, testified that he had been called to the Bonello residence on several occasions over the years. Asked by defence lawyer Edward Gatt, the wit- ness said that he had never heard the dog barking, "not even when the owners were away". Lawyer Leonard Caruana appeared for Buhagiar. Inspector Sandra Zammit is prosecuting. The case continues on 29 April. Spice the husky is at the centre of a dispute between neighbours Apartments used for group prayer 'were not covered by permits', court hears MATTHEW AGIUS A court has been told that two apart- ments which had been used as places of worship in 2009, were not covered by the necessary permits. Mr Justice Silvio Meli, presiding at the First Hall of the Civil Court in its Con- stitutional jurisdiction, heard Oliver Magro, representing the Malta Environ- ment and Planning Authority, testif y in the case filed by Toutoungi Mouwafak, Tariq Razee Hidayathullah, Haroun Ali, Mouhanad Toutoungi, Elkatw y Hous- sein Ahmed Hussein and Ashraf Abde Azzedine against the Commissioner of Police and the chairman of Mepa. The plaintiffs are requesting damages, contending that an enforcement notice issued against them was a breach of their rights under the European Con- vention. Toutoungi had written to the authority, arguing that the f lat could never be considered as a mosque for several reasons, among them the prop- erty's lack of minarets, places for ritual bathing and apart from the fact that the structure must be facing Mecca. In earlier submissions, the plaintiffs had argued that "there was no reason to hide behind the facts… that this is entirely based on religious discrimi- nation." Nobody ever impeded groups such as the Charismatics from meeting in private residences for prayers, occa- sionally also with guitars and singing, they submitted. Yesterday the court heard Magro tes- tif y about the permissible uses for the properties in question. "The buildings in this case are two residential apartments in Sliema and St Paul's Bay, both permitted for residen- tial purposes. The two enforcement no- tices have been issued because there had been a change in the use of the property from a place of residence to one where persons gather," Magro said, answering a question from Mepa law yer Ian Borg. "Every permit issued on a property is related to use. A Class 7 permit is re- quired for places where people gather." Before it had sent the enforcement no- tice, Mepa received no application from the owner or occupiers, said the witness. Neither has it been requested since. Borg asked whether prayer meetings usually required permits. The witness replied that permits would not be re- quired from Mepa if it was just a one-off event, although a police permit may be needed. "However if the place is going to be regularly used for these activities, it needs the authority to issue a licence, irrespective of the organisation or reli- gion." Since the case was filed, the gatherings have ceased to be held at the apartment and it has therefore become compliant with its Class 1 classification again, added the witness. Hence, enforcement proceedings have been halted. Asked whether the Mepa had ever taken action against the f lats' Muslim occupiers when they had been used as residences, he replied in the negative. Law yer Victoria Buttigieg is appear- ing on behalf of the Commissioner of Police, while law yer Joe Brincat is rep- resenting the plaintiffs. The case continues in March.

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