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Karl Schembri
Gozo Magistrate Paul Coppini has withdrawn from hearing a case filed by the Xewkija council against WasteServ after the government waste recovery agency claimed the magistrate had a conflict of interest because he headed an environmental grouping known as Wirt Ghawdex.
The case revolves around the Xewkija council’s application before the Gozo court for a warrant of prohibitory injunction against WasteServ to stop them from carrying works on the civic amenities centre and waste transfer plant near Mgarr ix-Xini.
Magistrate Coppini had ruled on 22 November that the local council was entitled to apply for such an order. At the next sitting on 12 December however, WasteServ pointed out that being the President of Wirt Ghawdex – an environmental heritage group – Magistrate Coppini had a conflict of interest and asked him to abstain from hearing the case.
WasteServ argued that Wirt Ghawdex has on its statute as its primary aim the preservation of the natural beauty of Gozo and environmental issues, hence the magistrate could not be a judge in his own case.
However the group is not considered to be associated with other environmental groups, so much so that it issued a press release some weeks ago standing by the proposed development at Ta’ Cenc.
On the same day, the Xewkija council filed a new application and Magistrate Coppini issued a provisional order of injunction against WasteServ, ordering the hearing of the application or last Friday under the same magistrate. Again, WasteServ insisted that the magistrate could not hear the case, to which Coppini finally agreed, saying that although he did not agree that there was a conflict of interest and no reason according to law not to hear the case, he was nevertheless passing over the case to another magistrate in order that justice is not only done but also seen to be done.
The project is in the meantime before the MEPA Appeals Board, an appeal made by the same Xewkija council against the issue of an outline permit by MEPA. WasteServ said that the courts cannot take over the planning issues which by law belong to MEPA.
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