Constitutional court dismisses application

The Constitutional Court yesterday upheld a judgment of the First Hall of the Civil Court in which a constitutional application filed by Kirkop local council was dismissed.

The council had filed its application against the Attorney General, the Appeals Board of the Planning Authority, the Development Control Commission and Multigas Limited.

It had claimed that its fundamental human rights to a fair hearing were violated by proceedings before the authority. The proceedings were instituted after the Malta Development Corporation, on behalf of Multigas, applied for an outline development permit to move a gas production unit from Hamrun to Kirkop.

The council had objected to the application and had appealed to the Appeals Board.

The council claimed that the proceedings before the board were in violation of its fundamental human rights as the board, which was financed by the authority, was not an independent body nor was it impartial.

In its judgment the First Hall of the Civil Court had declined to investigate the council's allegations as it concluded that the council had other means at its disposal in terms of the ordinary law of the land, for the council could appeal from the decision of the authority which had approved the application.

Kirkop local council appealed from this judgment to the Constitutional Court, composed of Chief Justice Vincent Degaetano, Mr Justice Joseph D Camilleri and Mr Justice Joseph A Filletti, which confirmed the original judgment.