Apartments used for group prayer 'were not covered by permits', court hears

A court has been told that two apartments, which had been used as places of worship in 2009, were not covered by the necessary permits.

Mr Justice Silvio Meli, presiding over the First Hall of the Civil Court in its Constitutional jurisdiction, heard MEPA representative Oliver Magro testify in the case filed by Toutoungi Mouwafak, Tariq Razee Hidayathullah, Haroun Ali, Mouhanad Toutoungi, Elkatwy Houssein Ahmed Hussein and Ashraf Abde Azzedine against the Commissioner of Police and the chairman of MEPA.

The plaintiffs are requesting damages, contending that an enforcement notice issued against them was a breach of their rights under the European Convention. Toutoungi had written to the authority, arguing that the flat could never be considered as a mosque for several reasons, amongst them the property's lack of minarets, places for ritual bathing and apart from the fact that the structure must be facing Mecca.

In earlier submissions, the plaintiffs had argued that “there was no reason to hide behind the facts ...that this is entirely based on religious discrimination.” Nobody ever impeded groups such as the Charismatics from meeting in private residences for prayers, occasionally also with guitars and singing, they submitted.

This morning the court heard MEPA legal representative Oliver Magro testify about the permissable uses for the properties in question.

“The buildings in this case are two residential apartments in Sliema and St.Paul's Bay, both permitted for residential purposes. The two enforcement notices have been issued because there had been a change in the use of the property from a place of residence to one where persons gather,” Magro said, answering a question from MEPA lawyer Ian Borg.

“Every permit issued on a property is related to use. Class 7 permit for places where people gather is required.”

Before it had sent the enforcement notice, Mepa received no application from the owner or occupiers, said the witness. Neither has it been requested since.

Borg asked whether prayer meetings usually required permits. The witness replied that permits would not be required from MEPA if it was just a one-off event, although a police permit may be needed. “However if the place is going to be regularly used for these activities, it needs the authority to issue a licence, irrespective of the organisation or religion.”

Since the case had been filed, the gatherings had ceased to be held at the apartment and it had therefore become compliant with its Class 1 classification again, added the witness. Hence, enforcement proceedings have been halted.

Asked whether MEPA had ever taken action against the flats' Muslim occupiers when they had been used as residences, he replied in the negative.

Lawyer Victoria Buttigieg is appearing on behalf of the Commissioner of Police, whilst lawyer Joe Brincat is representing the plaintiffs.

The case continues in March.