Polidano, Elbros cleared by Appeals Court of dumping construction waste at sea

The Court of Appeal upheld the decision of the court of first instance, holding that there had been insufficient evidence showing that construction waste had been dumped by three contractors

The court also took into account the fact that the maritime and planning authorities' permits had been for the dumping of waste from dredging
The court also took into account the fact that the maritime and planning authorities' permits had been for the dumping of waste from dredging

The court of Criminal Appeal has confirmed a decision of the Court of Magistrates which cleared three contractors of charges of illegally dumping construction waste.

Anthony Bezzina, Salvu Ellul and Charles Polidano, directors of Bezzina Maritime Services Ltd, Elbros Ltd and Polidano Brothers Ltd, respectively had been arraigned separately before the Court of Magistrates in 2006, accused of having illegally dumped debris created by construction works at the Malta Freeport, in violation of the relevant MEPA and Maritime Authority permits.

The Attorney General had filed an appeal after the three were found not guilty of the charges in 2013.

In his judgement handed down today, Mr Justice David Scicluna also took into account the legal developments on the probatory value of statements released to the police without the assistance of a lawyer, which had come about in the Borg v Malta case before the European Court of Human Rights. The judge, noting that the accused's statements had all been taken in this manner, held that the documents were inadmissible.

The court also took into account the fact that the maritime and planning authorities' permits had been for the dumping of waste from dredging - and not excavation - in a dedicated area of the sea off Valletta.

The Court of Appeal upheld the decision of the court of first instance, holding that there had been insufficient evidence showing that construction waste, as opposed to dredged material, had been dumped, while it had been definitively proven that the developers had been dumping in the zone outlined in their permits.

Lawyer Jason Azzopardi, a Nationalist MP, appeared for Anthony Bezzina, Beppe Fenech Adami - PN deputy leader - appeared for Salvul Ellul of Elbros, whilst lawyers Michael Sciriha and Jean Paul Sammut appeared for Charles Polidano.