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Letters | Sunday, 07 September 2008

Declaration by Magistrate Dr. Consuelo Scerri Herrera

It is a pity that certain self-styled “reporters” and editors opt for sensationalism and the appeal of scandal over respect for the truth. The lies that have been published in my regard by this paper, and the respect for the position that I hold, prompt me to reply in order to allow your readers the benefit of the truth as opposed to the warped sensationalism that has unfortunately become the order of the day for some.
The central and recurrent theme of the article in question was that I intervened on behalf of the developer of a block of apartments in order to demolish a villa standing next to the Belvedere Tower in Lija. This is a blatant untruth that is particularly insidious since the development is the subject of controversy and the building had been demolished for a number of weeks. Your article blatantly states that “I demanded that the demolition takes place” when the demolition had already taken place and when the purpose of my visit was a simple request for a truck to be allowed to remove rubble which had to be removed irrespective of the outcome of the controversy surrounding the development.
As your readers no doubt know the controversy concerns the height of the building and not the construction per se. In any case local councils are not concerned with permits for demolition which is exclusively a MEPA matter.
The statement that I demanded a permit for demolition of the villa is repeated in various parts of the article either for emphasis or to fill space, and certainly not in furtherance of the truth.
Another untrue declaration that could easily have been verified had the author of the article deemed the truth at all relevant is the date of the issue of the permit. He states that the permit was issued five days before the election. As can be readily verified on the MEPA site, the permit was approved on the 23rd of August 2007. There were no elections in Malta five days later. This inaccuracy is evidently maliciously intended to add spice and lead readers to believe that electoral hysteria contributed somehow to the issuing of the permit. Incidentally for the record, the relative permit had been issued in tandem with the Local Plan.
What led to my visit to the Local Council offices is the following: That morning I was contacted by Dr Charles Galea, a lawyer who practices in Gozo, and who together with my husband is the developer of the property. He informed me that some rubble that was left after the demolition of the villa concerned was resting against the wall of a neighbouring property and was potentially dangerous. He told me that he had made arrangements for its removal and asked whether my husband could file the requisite forms. I informed him that my husband was abroad and offered to take the forms myself in view of the urgency and the danger and also in the light of the fact that I bought an apartment of the said block on plan.
At the Local Council they asked for a power of attorney from the developer, strange as this may seem, in order for them to accept the application from me. I called Dr Galea there and then who promptly sent the requisite power of attorney to the Council. I was also told that a warden would be required presumably for traffic management purposes to which I agreed and paid the relative fee.
The only reason for my attendance at the Local Council therefore was to file the “Heavy Vehicles Permission Form – Entry into Lija”, and the “Application For The Deposit or Use of Crane and other Machinery” forms that are required for a truck to be allowed to enter Lija and to operate for four hours without closing the road to traffic. The operation consisted in removal of rubble that had to be removed as soon as possible.
All allegations of my storming in to the Council and acting in a manner that intimidated staff is totally unfounded and intended once again to give some colour to an otherwise very bland non-incident that somehow hit the headlines. There was absolutely no reason for me to “storm” in, and no reason for the staff to feel intimidated. The mayor himself confirmed in a press conference that I had acted “humbly” and waited in the waiting-room until the application was processed.
All references in the article to the Mayor’s exchange with me are a figment of your reporter’s imagination. I only spoke to the mayor on leaving the offices (with the permit in hand) and we exchanged cordialities.
The above are facts that are borne out by circumstances. Editors would do well to control over-zealous reporters in search of scandal who in turn would do well to check their facts before rushing to print.

Editorial note:
1. According to the MEPA website the permit was granted on 23 August but posted on 4 March 2008. Legally no development can take place before a permit is posted to the developers.
2. In no part of the story did the author state that the Magistrate was “acting in a manner that intimidated staff,” as Dr Scerri Herrera alleges.
3. Before publishing the story MaltaToday tried to contact the Magistrate by phone but could not reach her. MaltaToday contacted the developer Carmelo Galea who confirmed that he had issued the power of attorney because he considered the Magistrate as a friend.
4. In an interview published in this edition of MaltaToday, mayor Castaldi Paris confirms that the magistrate refused to leave the council’s office until a permit authorising the works was issued.
5. MaltaToday stands by its story.

 


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