Fireworks manufacturer berated for inadequate control of stock, employees

Man charged with the illegal possession of a substantial cache of fireworks handed €450 fine.

A fireworks manufacturer, who in 2008 was charged with the unlawful possession of a substantial cache of fireworks in Zebbug, has been fined €450 and reprimanded by the court for not exercising adequate control over the explosives in his factory and his employees.

Joseph Calleja, 67, of St Paul’s Bay, was in 2008 charged with the unlawful possession of, importation, storage, and transportation of fireworks after police had discovered a “vanful” amount of explosives in a Zebbug home.

Calleja was at the time responsible for the 12th May fireworks factory in Zebbug.

The owner of the home, Carmel Falzon, 55, of Zebbug, was in 2012 sentenced to two years behind bars after being found guilty of the charges.

The case dates back to May 12, 2008, when police discovered a considerable amount of explosives in Falzon’s residence. At the time, Falzon worked at the accused’s fireworks factory in Zebbug.

The search had yielded several types of fireworks and explosives including some which were bigger than permitted. The fireworks were expected to be let off from the roof of Falzon’s residence in Zebbug.

Police had issued a permit allowing the fireworks to be let off.

Despite the fact that the men both held licences in fireworks manufacturing, and Falzon was authorised by police to let off fireworks on the night, the court, presided by Magistrate Doreen Clarke, noted that this permit was limited to two types of small fireworks.

The other explosives found at Falzon’s home were thus considered unlawful.

During court proceedings, Calleja admitted to transporting a van of fireworks from his factory to Falzon’s home, but insisted that he had adhered to the permit and only transported legal fireworks.

Moreover, Calleja told court that he was neither aware of Calleja’s cache of fireworks nor had he ever given any fireworks to Falzon. On his part, Falzon had testified that he had in fact taken some explosives home, but had insisted that this was unknown to Calleja.

Taking this into account, Magistrate Doreen Clarke ruled that there is insufficient evidence to prove that the explosives found at the home of Falzon had in fact been transported by the accused himself.

She therefore acquitted him of being in possession of, importing and transporting fireworks.

After hearing Falzon’s testimony, the court however reprimanded Calleja for not exercising adequate control over his fireworks and the people entering his premises, arguing that had this not been the case, Falzon would not have been in possession of the fireworks at his home.

Calleja was found guilty and fined €450 for the illegal storage of fireworks bigger than those permitted by law.

Magistrate Doreen Clarke presided while Assistant police commissioner Lawrence Cutajar and Inspector Roderick Agius prosecuted.