Judge finds MMA violated boatman's right

Mr Justice Raymond C. Pace, sitting in the First Hall of the Civil Court, yesterday upheld a constitutional application filed by Joseph and Marianne Bellizzi against the Malta Maritime Authority and ruled that the MMA had violated the Bellizzis' fundamental human rights.

The court also ruled that the MMA had abusively and illegally issued a permit for a berthing space at Wied iż-Żurrieq.

Mr Bellizzi told the court that he and his cousin, Salvatore Bellizzi, shared a berth at Wied iż-Żurrieq. Joseph Bellizzi was a full-time boatman and had a small boat (frejgatina) for the transportation of tourists. On the other hand, Salvatore Bellizzi was licensed as a part-time boatman.

In 1995, Salvatore Bellizzi had applied to the MMA for a permit to berth his boat and the permit had been issued only in his regard and not in favour of Joseph Bellizzi.

When Joseph Bellizzi applied for a permit to also be able to berth his boat in the same spot as his cousin, the MMA refused to issue the permit Joseph and Marianne Bellizzi claimed that the MMA had violated their rights to enjoyment of property and their right to a fair hearing. They further alleged breach of their right to an effective remedy and that they had been discriminated against.

The court was asked to declare that the permit issued in favour of Salvatore Bellizzi was abusive and illegal.

In a 51-page judgment, the court reiterated that a berthing space fell within the definition of property and that court judgments had recognised that the use and possession of a berth at Wied iż-Żurrieq was subject to the protection of the courts. Thus, the right to a berth was subject to the protection afforded by the European Convention of Human Rights against forced deprivation of property.

The court added that it resulted that when Salvatore Bellizzi applied for a temporary berthing permit in 1995 this was issued without the MMA considering, even on a minimal level, Joseph Bellizzi's right to this mooring.

Describing the testimony given by the MMA's representative as "evasive", Mr Justice Pace said that the MMA had made decisions without carrying out any prior studies. As a result, the MMA had acted in an arbitrary manner. Joseph Bellizzi's rights to enjoyment of his property had been violated by the issue of the permit in favour of his cousin. The court also found that Joseph Bellizzi had not been given a fair hearing and that he had been discriminated against.

Mr Justice Pace found that Mr and Mrs Bellizzi's human rights had been violated and he annulled the permit issued by the MMA in favour of Salvatore Bellizzi on the basis that it was abusive and illegal.

The court ordered the MMA to issue a permit in favour of Joseph Bellizzi , within 20 days so that he would be able to use the mooring point together with his cousin.