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Labour lawyers win case to Labour’s detriment

Labour Deputy, Dr Jose’ Herrera and Labour candidate, Dr Edward Zammit Lewis have won a court case for Joe Grima.

Mr Grima, a former Labour Minister is one of the Labour Party’s harshest critics.

The Appeals Court has annulled a decision by the Broadcasting Authority (BA) not to renew the licence of Radio Live FM, operated by Grima Communications and has ordered the Authority to continue processing the company’s request for a renewed licence, according to the 1991 Broadcasting Act.

On November 25, 1999, Grima Communications Limited, operators of Radio Live FM, lodged an appeal against the BA’s decision not to renew the station’s licence, which had been originally granted on November 6, 1991.

It is a well known fact that Former Labour Minister, Joe Grima is no admirer of Labour Leader Dr Alfred Sant and he frequently used his radio station to lambaste him.

If Radio Live FM had to take to the airwaves once again, it is very likely that it would contribute to promoting more anti-Sant propaganda.

In the past, this made the station very popular with Nationalists, even though Joe Grima had been a fiery Labour militant in the seventies and eighties.

On one occasion he trounced Mr Tony Mallia, Mr Mallia was later an editor of the Nationalisrt weekly The Democrat. Mr Grima had also described Dr Fenech Adami as a Buda in a meeting at Valletta held in the eighties.

The former Labour Minister talks highly of Dom Mintoff, despite the fact that the two men are not always on the best of terms.

Live FM came to abrupt end after its studios were destroyed in an arson attack. The Police have not been able to pinpoint any culprits.

At a later date, Mr Grima’s villa off Zejtun also suffered the same fate.

After considering the submissions by the two parties, the Appeals Court concluded that the Broadcasting Authority was correct when it decided that since Grima Communications was not in a position to broadcast, they were not able to grant the new licence but the Court also determined that the BA had failed to stipulate a reasonable and adequate time limit by when Grima Communications had to be able to offer the necessary broadcasting services, as required in the licence. After the examination of the correspondence submitted by the parties and the evidence produced, the Courts determined that when the Broadcasting Authority made its decision regarding the operating licence, it had failed to consider that Grima Communications had stopped broadcasting as a result of an arson attack at the station.

The Appeals Court said that from the evidence presented, it does not result that the Broadcasting Authority acted according to the rules of natural justice.

The Appeals Court, presided by Chief Justice Joseph Said Pullicino and Judges, Carmel Agius and Joseph Camilleri, decreed that Grima Communications should be returned to the same position it was in prior to the BA’s decision on November 25, 1999.

The Court therefore ordered the Broadcasting Authority to continue processing the company’s request for a renewed licence, according to the 1991 Broadcasting Act and in view of the Court’s considerations.

Dr Jose’ Herrera and Dr Edward Zammit Lewis appeared for Grima Communications, whereas Professor Ian Refalo was the Broadcasting Authority’s legal counsel.