Three band club committee members cleared of storing explosives in residential area

Three more members of the Naxxar Peace Band Club organising committee have been cleared of illicitly storing explosives in a residential area.

Ivan Gauci, David Sammut and Joseph Buhagiar, were cleared of the charges in a judgement handed down earlier today.

Police had raided the Peace Band Club house after two people were killed in an explosion in March 2008 on Triq Hal Dghejf in Naxxar, believed to have been caused by victim Paul Camilleri, 47, who had stored fireworks at home. Neighbour Sina Sammut, 35, a mother of two, had also lost her life in the blast.

The Police raid had discovered a door hidden behind a cupboard, which led to a room containing several boxes, filled with explosives. 

Investigations had shown that David Sammut had a key to the basement and Gauci, Buhagiar had copies, as did club administrator Mark Agius.

Agius had been tried separately and was jailed for two years. His conviction was recently overturned on appeal.

No link was found between the explosives and the March blast.

The decision comes nearly two years after eight other members of the Band club committee were cleared of storing explosive material in the club’s basement, the magistrate having also established in that case that none of the accused had known that fireworks were kept there.

Magistrate Consuelo Scerri Herrera, who decided both cases, this morning cleared the three committee members on similar grounds.

The court said it had not been proven to the court's satisfaction that the accused had known about the explosives. Neither had it been proven that they had imported or operated a gunpowder factory, she said, noting that the police's witness had only testified that he “didn't think” that the accused had a fireworks licence.

The court abstained for taking cognisance of the charge that the men had failed to properly register the club, on the grounds that the Attorney General had failed to cite the applicable article of the law in charging the men.

Lawyers Jason Grima and Stephan Zrinzo Azzopardi appeared for the defendant.