Zebbug men given suspended sentences for 2007 clash with police

A court of Magistrates has handed down suspended sentences to three Zebbug men who had been charged with violently obstructing the police in 2007.

Carmelo Dimech and his two sons, Ludwig and Melchior had clashed with the police and MEPA officials as they were demolishing an illegally built storey above their vulcanizer and battery service station in Mdina Road, Zebbug. They had clung to the underside of the demolition trucks and deflated their tyres in order to avoid the demolition taking place.

As police dragged them away, Ludwig Dimech had bitten one officer and lightly injured him.

A MEPA statement had said that the army had to be called in to demolish the illegal part of the structure because no private contractor was willing to get involved.

In 2007 the Dimechs had shown the media a letter signed by the then Director of the ADT's Network Infrastructure Directorate, in which he had agreed to add a floor to their structure by way of compensation for the losses they were to incur after their property was expropriated to make way for a new road.

"The directorate agrees to carry out the works as a replacement for the losses to be incurred by your company resulting from the demolition works in question," reads the letter.

They had also produced an affidavit by his lawyer George Cutajar in which it is stated that at no time did the ADT inform Mr Dimech that works to be carried out were not covered by a Mepa permit.

It goes on to say that when works started, the ADT had even provided concrete planks to build the first floor.

According to the affidavit, instructions to regularise their position were given by Jesmond Mugliett, minister for roads at the time, in May 2005.

However Magistrate Audrey Demicoli found the three guilty, holding that the agreement with the ADT did not justify violent resistance to the police, who were executing a legitimate order issued by MEPA. There were alternative legal remedies to halt the works in order to safeguard their rights, said the magistrate in her judgment.

Carmel and Melchior Dimech were sentenced to a term of imprisonment of one year suspended for two, whilst Ludwig Dimech was sentenced to 18 months imprisonment, also suspended for two years.

Dr. Michael Scriha and Dr. Lucio Scirha represented the Dimechs. Inspector Alexander Paul Miruzzi and Marisa Camilleri prosecuted.