A request filed by Marsa Sports Club to prohibit the Police Commissioner from granting a permission for fireworks to be let off from the club's premises this weekend has been dismissed.

The club filed its application for a warrant of prohibitory injunction against the Police Commissioner and the 26th July Fireworks Sta Venera.

Presiding over the First Hall of the Civil Court Chief Justice Vincent Degaetano noted that the club contended that the spot from where the fireworks were to be let off from was club property.

The club was also basing its claim upon the fact that it had recently suffered damages when property belonging to its golf section had caught fire as a result of fireworks.

The court declared that it sympathised with the club because fireworks were causing disproportionate inconvenience to the public when opposed to what the fireworks enthusiasts considered to be their "rights".

The explosions that preceded and accompanied fireworks displays caused great inconvenience and terrified pets and children and disturbed persons who were ill. However, the court was not aware of any which regulated noise pollution caused by the type of petards used

On the other hand the court was bound by the provisions of law when examining whether or not to order the issue of a warrant of prohibitory injunction. Such a warrant could only be issued if the court was satisfied that the warrant was required to protect a right and that the applicant actually proved prima facie that it had such rights.

Chief Justice Degaetano declared that the Marsa Sports Club was entitled to protect its property from damage. However this could be done by taking simple precautions and in the event that the police commissioner did not take these precautions, then the club could do so at respondents' expense.

Neither the Police Commissioner nor the Fireworks Club could evade responsibility for damages by claiming that they were acting in accordance with the law. If damages were caused due to lack of taking precautions, then respondents would be liable in damages.

The court added that it resulted taht the fireworks were to be set off from a water course ditch running through the Marsa Sports Club property. It resulted that this water course belonged to the government and was not included in the club's lease.

Consequently, the court concluded that the Marsa Sports Club had not shown that it had a prima facie right that warranted protection.