Mintoff to sue state entities

Former Prime Minister Dom Mintoff has given notice that he intends to take legal action against several individuals and public entities, claiming that the water supply, sewage system and reservoirs at his home in Tarxien were severely damaged through negligent work.

In his personal capacity and as procurator of his daughters Jana Joan Mintoff Bland and Anne McKenna Mintoff, Mr Mintoff claimed in an official letter filed in court by lawyer Ian Refalo last month, that works in Triq ix-Xintill by the Water Services Corporation and the Tarxien local council caused damage to his property, The Olives.

The 90-year-old former Prime Minister charged that his request for the ruined water systems to be repaired had gone unheeded and is now demanding that the entities put right, and take responsibility for, the damage.

Mr Mintoff is alleging that, as a result of sewage seeping into the water reservoir, the water system was contaminated, rendering the potable water a health hazard.

The WSC has denied his claims. Mr Mintoff, whose water supply was cut off by the WSC two years ago after an Lm870 bill went unpaid, is also requesting the Parliamentary Secretary for Agriculture and Fisheries, the Police Commissioner, the Department of Agriculture and the Health Department to assume responsibility for the damage and take the necessary action to bring his water systems back in order.

The official letter claimed Mr Mintoff had reached an agreement with WSC chairman Michael Falzon that the corporation would repair the damage to The Olives. The works had begun but stopped abruptly. The WSC had, therefore, failed to honour the agreement to repair Mr Mintoff's water systems.

Moreover, the letter said, although Mr Falzon had informed Mr Mintoff that he should not worry about the bills which the WSC was sending to his other properties in Xrobb l-Ghagin and Marsamxett, he continued to receive them. The official letter said the Parliamentary Secretary for Agriculture and the Fisheries and the Agriculture Department had agreed that the necessary works to repair Mr Mintoff's irrigation system should be carried out, since only the department knew how Mr Mintoff's cistern system was connected to the road water catchment system and to other cisterns in Tarxien.

Two officials from the Agriculture Department, Vincent Schembri and Emanuel Micallef, are also being notified.

According to the official letter, Mr Schembri was responsible for carrying out the works on the irrigation system while Mr Micallef, who had been instructed to provide water for irrigation to Mr Mintoff's cistern, had allegedly supplied contaminated water.

Reuben Micallef, an official of the Health Department, is also being notified of the proceedings for allegedly refusing to test Mr Mintoff's water to ensure it was not contaminated.

The Police Commissioner, the letter added, had taken away the keys to Mr Mintoff's homes in Xrobb l-Ghagin, Marsamxett and Ix-Xifer, Delimara, making it impossible for works to be carried out there.

In a reply also filed in court, the WSC chairman denied the claims made by the Mintoffs saying they were "completely unfounded".

Mr Falzon said the water supply at Mr Mintoff's Tarxien residence had been cut off in accordance with the law, which states that the service may be cut off if bills are not paid within 15 days of being issued.

Mr Falzon said that in this case, the service had only been interrupted after several attempts by the WSC to communicate with Mr Mintoff yielded no result.

Mr Falzon said in the WSC's reply: "Mr Mintoff had verbally declared that he had no intention of paying the amount owed," adding that the water supply was restored two days after the suspension when the bill had been settled.

"When the WSC investigated Mr Mintoff's complaint, it transpired that the damage in the sewerage system in his property had not been caused by public works in the area but by dirt that had accumulated in drain pipes and tree roots," Mr Falzon said.

The WSC also denied that the potable water it supplied to Mr Mintoff was infected. The corporation had tested the water supplied to Mr Mintoff's house, "which is the same supplied to other residences of Triq ix-Xintill", ensuring it was of "good quality".

"The corporation cannot be held responsible for the quality of rainwater flowing into Mr Mintoff's well from the street and his roof," Mr Falzon said in the document.

As a sign of goodwill, the document stated, the WSC had cleaned Mr Mintoff's wells and repaired the water catchment system at The Olives. The WSC also cleaned the sewerage system clearing obstacles, which, it claims, "had been caused by the roots of Mr Mintoff's own trees".

Mr Falzon also denied having ever told Mr Mintoff that no water and electricity bills would be sent to his other properties in Xrobb l-Ghagin and Marsamxett.

Earlier this year, the courts dismissed a constitutional application filed by Mr Mintoff and his daughters who claimed that their fundamental human rights had been violated when the water and electricity services to their home in Tarxien had been suspended.

Mr Mintoff and his family had argued that their property had been damaged as a result of negligent works carried out by the WSC, Enemalta Corporation and the Minister for Investments, Industry and IT.