Issue link: https://maltatoday.uberflip.com/i/700383
4 maltatoday, WEDNESDAY, 6 JULY 2016 News Court slashes Valletta landlord's €1 million compensation to just €25,000 Heirs of the Marquis John Scicluna win right to take back property occupied by Bank of Valletta but lose 97% of damages for compensation on lost rental income MATTHEW AGIUS THE Constitutional Court has slashed to just €25,000 an award of €1 million in compensation given to the heirs of the Mar- quis John Scicluna for the expro- priation of the Scicluna family's property in St George's Square, Valletta, while also warning Bank of Valletta, whose offices are housed there, that the prop- erty's continued occupation was "inconsistent with the right to protection from deprivation of property without compensa- tion." Both the heirs and the Attor- ney General had filed separate appeals to a judgement handed down by the First Hall of the Civil Court (Constitutional Ju- risdiction) last February which had found for the plaintiffs and ordered the State to pay the heirs €1 million in compensation. The Attorney General had filed an appeal on the ground that the amount was excessive, while the heirs also filed an appeal argu- ing that the compensation was insufficient. The heirs had also asked the court to order the eviction of the bank from the property, in addi- tion to the claim for compensa- tion. With respect to this, the court decreed that while Bank of Valletta could not indefinitely continue to rely on the Reletting of Urban Property (Regulation) Ordinance, Act XLV of 1973 and ACT IX of 1974, which created the nationalised bank and leased the property to Bank of Valletta, the issue did not fall within the court's remit. The case dealt with a 10-year lease agreement between the Marquis John Scicluna and Sci- cluna's Bank signed in 1958. The original rent was agreed at £800 per year. That lease agreement was extended in 1968 to include four buildings in Strait Street. Scicluna's Bank was later amal- gamated with the National Bank of Malta. The lease continued to be renewed. But after its nationalisation in 1973, the tenancy of the prop- erty was transferred to Bank of Valletta. In 1989, the Scicluna heirs Cristiane Ramsay Pergola and Mignon Marshall, filed court proceedings for the property's return. That demand was dis- missed in 2010, leading to con- stitutional proceedings for a sup- posed breach of the fundamental right to property before the First Hall and the subsequent €1 mil- lion award. Notably, it was the State that was found responsible and or- dered to pay the compensation and not the bank. The Attorney General subse- quently filed an appeal on behalf of the State, arguing the amount was excessive. Pergola and Mar- shall, on the other hand, filed their own appeal, arguing that the amount should have been considerably higher. They point- ed to a court expert's having es- timated the annual free market rent at €159,350 – far in excess of the €4,277 per year they were currently receiving. They argued that a monetary award would be an inadequate remedy, demand- ing that the property should also be returned to them. In its decision, the Constitu- tional Court, presided by Chief Justice Silvio Camilleri, together with judges Giannino Caruana Demajo and Noel Cuschieri re- jected the Attorney General's argument that no breach of the heirs' right to property had tak- en place. It also took a dim view of the 21 years of delays. In the most part, the court held that these had been caused by Pergola and Mar- shall taking their time to file the case and subsequently, to con- clude their evidence, the court said. It added however that the State could not be exonerated for its part in allowing proceedings to carry on for over two decades. Taking this into consideration, the court reduced the amount of compensation from €1,000,000 to €25,000. The issue of whether or not to order the return of the prop- erties to the heirs fell outside the remit of the Constitutional Court, it said, instead ordering the bank not to continue relying on the Acts from the 1970's or the Ordinance to justif y its con- tinued occupation of the proper- ties. "In this particular case, those laws are to be considered with- out effect as they are inconsist- ent with the right to protection from deprivation of property without compensation." San Gwann 16th century chapel to be restored THE chapel dedicated to San Gwann tal-Gharghar in San Gwann, is to undergo restora- tion which will involve the ex- ternal facade, roof and parvis, including the removal of cement renders and accumulated bio- logical dirt, repair work to mi- nor damages and also address the deterioration of certain stones. The chapel has a small parvis in its front, two stone water spouts on either side, and a small doorway facing west with a square clerestory window. Inside, the chapel has four arches supporting a double pitched roof as well as a bell cot above the window. Adjoining this chapel is a small sacristy with a star-shaped air vent at the front. The Planning Authority drew attention to a small marble plaque near the door of the chapel with an abbreviated in- scription warning criminals that the chapel did not give im- munity from being apprehended by the authorities. According to the Planning Au- thority, the chapel was built by a private family in 1546, but was reportedly later abandoned until Bishop Balaguer profaned it in 1659. However, it was reopened again in 1672. The chapel is presently used by the organisation MUSEUM for Catholic catechism teachings. The chapel is a Grade 1 pro- tected building and was sched- uled in 1994. The heirs asked court to order the eviction of the bank from the property in St George's Square, Valletta In typical Maltese vernacular architecture, the late medieval chapel has a cubic external form and unpretentious, bleak exterior