Fireworks enthusiasts set to contest landmark judgment

Fireworks enthusiasts intend fighting back a landmark judgment that could make a number of established fireworks factories illegal.

An appeal will be filed by the St Helen Fireworks Association, Pyrotechnics Association president Joe Theuma said, refusing to comment on the judgment at this stage.

Before Thursday's judgment, some fireworks factories were granted a licence to let off fireworks from areas that were closer to built-up zones than what the law actually stipulates. The reason was that the law defined inhabited area as a place where more than 100 people live. In practice, this meant that licences were being issued to factories that neighboured built-up areas, as long as no more than 100 people lived there.

But now, Mr Justice Raymond C. Pace has declared this definition null and void because it protected those who lived in an area inhabited by over 100 persons but not those where the numbers were fewer.

The government refused to comment on the issue and simply said that it would only speak after the 20-day time-window to file an appeal expired.

Lawyer and former Nationalist Party candidate Georg Sapiano praised the judgment.

"Mr Justice Pace is a brave man who has had the courage to give a decision that is not only, in my view, legally correct but does much to introduce a greater measure of safety against the perils of fireworks in our community," he said.

Mr Justice Pace did much more than any ministers from both parties charged with the responsibility of protecting those who lived close to fireworks factories or where fireworks were let off, Dr Sapiano said.

He pointed out that the Lija fireworks factory was located closer than 200 metres from 2,000 children and teachers in three Naxxar colleges.

The next step was to examine whether the so-called safety distance of 183 metres stipulated by law protected and respected the individual's right to life, he said.

"In my view, it is not sufficient and I invite anybody who lives very close to any factory or where fireworks are let off to speak to me with a view to testing this in court," Dr Sapiano said.

According to the Explosive Ordinance Act, fireworks factories and roads must be at least 183 metres away from roads and inhabited areas.

The Zammit Maempel family which instituted the case decided by Mr Justice Pace live in an area in San Gwann where fireworks were let off for the feasts of St Helen and St Anthony. The family had complained that it was at serious risk of being injured and property being damaged.

They had also filed a complaint with the Ombudsman who noted that the Police Commissioner should not have issued the licences to the St Helen Fireworks Association to let off fireworks.