Transport authority 'abused its powers'

The Malta Transport Authority (ADT) has been ordered to refund more than €11,000 to a service station owner after a court ruled that a decision it had taken in his regard constituted an abuse of administrative powers.

Paul Cassar, owner of Cassar Service Station of Żejtun, which carries out VRT tests on cars, was told in August of 2006 that he had been found guilty of violating the terms and conditions of his existing contract with the ADT and that he had been fined Lm5,000.

However, even though he was asked to explain what tests had been carried out on a particular car, the authority never told him what allegations had been made against him.

He had asked the authority to reconsider the case but he never got a reply.

Mr Cassar claimed that this decision was an abuse of administrative power on the part of the authority and that the rules of natural justice had not been observed. He asked the court to annul the decision and to condemn the ADT to pay him damages.

In his judgment Mr Justice Raymond Pace found in favour of Mr Cassar and noted that he had not been given the opportunity to defend himself before the ADT board.

Mr Cassar had not been told what allegations had been made against him. Moreover, the authority had found him guilty of breaching the contract on a car with a different registration number to that on which he was questioned during the meeting with the authority.

The ADT had breached the rules of natural justice and the court, therefore, annulled its decision and ordered the authority to pay Mr Cassar €11,647.87.