Demolition of Magic Kiosk: Request for warrant turned down
The demolition of the Magic Kiosk in progress earlier this month.
The First Hall of the Civil Court has turned down a request for the issue of a warrant to stop the further demolition of the Magic Kiosk in Sliema.
The request was filed by owner Joe Pace on behalf of Britannia Catering, who claimed violation of human rights. The Land Department argued that lease contracts on the site had expired.
The court on January 12 had issued a temporary warrant to stop the demolition works - which started three days previously - while it considered the case.
The court ruled this morning, however, that there were no legal grounds for a warrant to be issued as Mr Pace had no legal title to the land upon which the kiosk was constructed.
The court was presided by Mr Justice Geoffrey Valenzia.
Meanwhile, Britannia Catering has filed another request for the issue of a warrant of a prohibitory injunction to stop the government from recycling aluminium taken from the kiosk.
31 Comments
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PJ Mifsud
Jan 23rd 2009, 22:07
@ john pace
Joe Pace was born a red and was permitted to continue running his lucrative business for nineteen years while the blues were in power, making a pretty packet in the process. How can anyone be so dim-witted and block-headed to suggest that the rightful termination of an unfair thirty- year long lease amounts to political discrimination?
Joe Pace is so well off thanks to a lease duration that cost a pittance that he offered to foot the bill for converting the square back to its former glory on condition he would be allowed to run a small kiosk on the spot. Does he really think that this government is a sucker to accept his generous offer?
Mentioning the fact that Pace was allowed to have it so good for so long (while its former owner who earned a decent living was uncerimoniously booted out from the kiosk by a notorious former MLP Minister to whom Pace himself admits having paid a fat bribe to keep running his lucrative business) doesn't mean that one hates him. It is just a strong craving for justice to be done.
Marcel Ellis
Jan 23rd 2009, 18:47
Well done for removing this, but its a bit ironic that just a few months ago an agreement with the armier boat house people was sign. Hopefully, from now on the law will be enforced. Lets see the next removal of that horrible aluminium container, so called bar on public land in Marsamxett!! I beleive it never had a permit in the first!
Keith Davis
Jan 23rd 2009, 18:11
@John Pace
After years of loyal service to your boss and after he made tens of thousands from your back and paying you peanuts; would YOU like not being paid your last month of work as a servant ?
john pace
Jan 23rd 2009, 14:06
so what happend if he did not pay for them the last month of work they all forgoten the last 30 years how mouch money they made whit him when salary was 6pounds a week and all of them made 50 pounds a week those days so dont talk about the last month talk about the last 30 years and why you hate mr pace what he done to you
John Busuttil
Jan 23rd 2009, 10:38
When are we going to stop thinking with this menatlity that decisions are taken in favour or against you in regards of your colour. Those Black years of the 70's are all over. And lest we forget that land was given to Mr Pace because he was red....lest we forget!!
godfrey gatt
Jan 23rd 2009, 10:34
This issue regarding Magic Kiosk ????? is it another envirmental move or just demolishing the ugly structure to build a smaller kiosk which eventually will occupy the so said public land with tabels and chairs and OOOPPPs umbrellas to give its custumers shade from the sun and bird droppings.
If the autoritities are so concerned with the embelishment of St. Anne Sq they should stick only to emblishing the place after all the area is over filled with bars and resturants which even worse then Magic Kiosk are using public land.
R. Camilleri
Jan 23rd 2009, 09:32
@Mr John Pace. if the pn saints hated Mr. Pace so much because he was red, they would have kicked him out the lease expired way back 2004 and he loved his employees so much that he didnt even pay them..... check before you speak!!!!
john pace
Jan 22nd 2009, 15:40
joe pace only done good things for malta allways employed workers and allways they had better wages whit him but he was born red so you all hate him for that p n all saints
David Farrugia
Jan 22nd 2009, 12:04
To all those who are defending Joe Pace:
Unlike his govenment, the Nationalist Government did not kick him out and give the tender to one of its friends. It let him operate there for 21 years at peace. In 2004 the lease expired but yet he was let for another 4 years. (He kept on making profits for 4 years on givernment property). Joe Pace kept hoping that his party will win the election in 2008 (which we know never happened) and that he would meet again some corrupt friends in the government to help him. In the mean time he kept on fooling his employees rather than try to find them an alternative job.
And then there are people here who defend him? He was lucky to have found a party in Govenment who instead of kicking him out, let him stay for 4 years extra. And yet some people want more charity to this man?
Besides being evicted and having that massive green aquarium demolished, he should be ordered to pay damages, i.e. the profits made during the last 4 years! That would remedy the situation by bringing back everyone to the status quo ante
lborg
Jan 22nd 2009, 10:48
TO MR PACE
YOU SHOULD BE GRATEFUL THAT YOU THE NP GOVERMENT ALLOWED YOU TO STILL TO OPERATE WHEN ELECTED IN 1987
IT SHOULD HAVE GAVE TO BONNELLO AGAIN
ANY HOW YOU DID WELL MR PACE MAKING MONEY FROM GOVERMENT LAND
p.grima
Jan 22nd 2009, 00:52
@-Bernard Mamo
"Will Joe Pace be offered the right of first refusal for any new kiosk which might replace his (if any) like other people usually are offered?"
I suggest the right of first refusal to the Bonellos, and surely not to Pace, since their rights were arrogantly trodden under foot to make way for Pace.
Antoine Vella
Jan 22nd 2009, 00:12
R. Zammit
"Mr. Pace has simply had a taste of his own medicine, . . ."
I beg to differ. To taste his own medicine he would have had to be intimidated, persecuted and arrested by the police and have the kiosk abruptly taken away and given to a business partner of some minister. That has not happened.
What has happened is the perfectly legal non-renewal of an expired lease. It is not a medicine but a routine administrative procedure taken in view of a planned upgrading of the square.
Christopher Mamo
Jan 21st 2009, 18:43
@ P Debono
It hasn't turned political yet... try harder....
@Igalea
Just resist the temptation
Ronald Rico
Jan 21st 2009, 17:52
Armier?
Karl Abela
Jan 21st 2009, 16:08
Joe Pace is trying to make it look like it was a political move to attract sympathy, but sadly for him PL cannot support him on this otherwise PL would be defending an illegal issue.
This administration is keeping its electoral promise in favour of the environment and some people are certainly not liking it....tough luck. Issa daqshekk !!!
R. Zammit
Jan 21st 2009, 15:44
Mr. Pace has simply had a taste of his own medicine, and was in fact lucky enough in doing so after 34 years!! While recalling the tyranny around our seventies to the mid eighties, I remember perfectly well when the Bonello family had been literally kicked out by our then abusive authorities to pave the way for Mr Pace. Well, what goes around…certainly comes around! only much later in this case!
Mike O'Hara
Jan 21st 2009, 15:31
I too am sorry to see Magic Kiosk go, if only because the view from there was great - you couldn't see Magic Kiosk!
Seriously, I never found it overpriced, and the food was OK. It was a reliable place for refreshment and people-watching; unlike many other places, it didn't intrude on the pavement with tables. I never saw the square without the buildings.
My sympathies are with the staff (who I saw year after year), who have apparently been dumped on by the owner. My wife and I are returning to Sliema in August, and look forward to seeing the new environment; hopefully, something will have emerged from the wreckage.
lgalea
Jan 21st 2009, 14:58
P Debono
With your writing you are confirming that it was simply political retribution.
Joseph Borg, Bernard Mamo
You are perfectly right.
John Borg
Jan 21st 2009, 14:52
Julie, you're missing more than you could ever imagine.
Mandy Micallef
Jan 21st 2009, 14:49
Magic Kiosk was not demolished because the food was bad or the prices were too high. It should not have been there in the first place.
It was always an eye-sore and, in spite of the nostagia it may evoke, I for one am glad to see it go.
Julie Peace
Jan 21st 2009, 14:44
If the lease had expired on the Magic Kiosk, could Mr Pace have not just renewed it in the first place, or am I missing something? I for one will miss the Magic Kiosk, I did not find the prices extortionate and the food was always good.
P Debono
Jan 21st 2009, 14:43
@ Joseph Borg
Inti taf x'inti tghid?!?! Ghandek ideja tal-istorja mdemmija ta dan il-kiosk, ta kemm batew nies minhabba dan il-kiosk.
I'm just glad that the dark days of the MLP government in the 1980's are over!
Bernard Mamo
Jan 21st 2009, 13:39
@ Keith Davis
In this case it's fresh minds in the same old places!
Keith Davis
Jan 21st 2009, 12:46
After 30 years of occupying public land and making thousands out of St.Anne's Square (adding insult to injury, not immediately paying his employees for the last 3 weeks worked to use them as scapegoat) I believe that the last tenant should never even be considered when choosing any new tenants.
We need fresh minds in different places.
Joseph Borg
Jan 21st 2009, 12:37
@ Bernard Mamo
I can't agree with you more. This was a case of weak with the strong and strong with the weak.....simple as that!!!!
Hemm hafna aktar artijiet okkupati minn kiosk minn min qed jaqla eluf kbar ta liri kull sena u hadd ma jaf min huma jew min jaf jghattilhom il-hin kollu. U hafna minnhom lanqas jimpjegaw lil hadd. Is-Sur Pace almenu kien ihaddem ammont sostanzjali full timers u part timers.
IL-VERU PAJJIZ TAL-MICKEY MOUSE. Veru tixilqilna x-show ta Disney li se tittella.
Emmanuel Marmara'
Jan 21st 2009, 12:27
Well done to the Courts........Now how about the beach concessions given to some Hotels...these too are PUBLIC LAND....Besides most of the hotels have their own swimming pools, which are not accessable to people unless of course they pay...How about that eh ????
Bernard Mamo
Jan 21st 2009, 12:26
@ Matthew Grech
The last tenant was joe pace so i guess he should get the right for first refusal. I don't know Joe Pace, don't like the magic kiosk's looks, hated the daylight robbery prices that were charged, hate even more the surrounding buildings and the fact that the whole of sliema is a town under construction. Actually couldn't care any less who gets the kiosk, since i don't frequent a lot that place and parking is almost impossible. All i say is why are we being given all this useless news about this 'kiosk' when nothing illegal was taking place?
Ic-cens kien wasal fi tmiemu u il-propjetarju ta' l-art iddecieda li ma jgeddidx ic-cens. Il-propjetarju f'dan il-kaz kien il gvern. Joe pace legalment ipprova jwaqqafu, u l-qorti ovjament cahdet. dak kollox, affarijiet li jigru kuljum u l-hin kollu. Il-lands ghax ma jibdewx jaraw min huma dawk il kbarat li ghandom l-artijiet tal-gvern ikkapparrati? Minjaf kemm hemm li ma jissemmewx! Dil-purcinellata ha noqghodu nisimghu u nimashnu fuqa? La jibdew jigu affetwati il-kbarat u min qed jaqla l-miljuni imbghad hemmekk incapcap u nfahhar. Ghalissa jkolli nikkuntenta ruhi billi nammira li x-xoghol qed isir.
Rita Camilleri
Jan 21st 2009, 12:12
@Bernard Mamo - sorry but what goes around comes around.. The Bonello werent given the chance, they werent even allowed to pay the rent.
Matthew Grech
Jan 21st 2009, 11:37
@ Bernard Mamo
Or will this right be offered to the Bonello family who were kicked out to make way for Joe Pace?
Bernard Mamo
Jan 21st 2009, 11:23
Will Joe Pace be offered the right of first refusal for any new kiosk which might replace his (if any) like other people usually are offered?
Keith Davis
Jan 21st 2009, 11:10
The sooner the rubbish aquarium like is gone and urned into a public area the better.
Well done to the government. Keep up the mumentum of such good work.
Less dictating bosses, and more public land to enjoy for all.