Updated: Two acquitted in Mistra case
Philip Azzopardi, a former chairman of a Mepa Development Control Commission and Anthony Mifsud, one of its former members, were today found not guilty by a court with trading in influence in the Mistra development case.
The case revolved around the outline permit which had been issued for the building of an open air disco on land belonging to Nationalist MP Jeffrey Pullicino Orlando.
In her judgement, Magistrate Edwina Grima said that their intentions were not proven by the prosecution because
· The accused did not know the applicant, the developer or Dr Pullicino Orlando.
· They had no interest, shares or involvement in any agreement between the developer or Dr Pullicino Orlando.
· They were not promised, and did not receive, any money.
· They did not get, and were not promised, any other benefit.
· It was only during completely legitimate meetings that they met Dr Pullicino Orlando.
· The decision taken was taken by the whole board and did not depend just on them.
· They did not exert influence on any other board members.
· They took their decision freely and without consulting anyone.
· The decision was on the issue of an outline development permit; and
· The decision was subject to a number of conditions, namely, that the issue of a full development permit had to be subject to conditions indicated in the permit.
Magistrate Grima said that the accused did not behave illegally and they had professional integrity.
However, the court would not go into whether the decision taken was in line with the law. It was the planning authority that should ensure that all decisions taken were based on planning regulations, the magistrate said, adding that the law even established procedures through which the authority could syndicate decisions not taken according to its own law.
The court, Magistrate Grima said, had been requested to see if the accused could be found guilty of committing a crime and it found that this was not the case.
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Buhagiar M @ de Martino
Oct 31st 2009, 00:08
I think you have a mistake in your statement from my humble feelings :)
R. Azzopardi
Oct 30th 2009, 09:53
@Mark Dalli
"So what now??? Ruin yet another Valley?"
Unfortunately yes, this seems to be the case. The powers-that-be seem to have every right to bulldoze their way through whatever is left of the countryside yet people like me who like to walk / drive / cycle on country lanes have no right to do so and risk being fined heavily for putting a wheel off tarmac.
G.Schembri
Oct 29th 2009, 20:00
@ GiovDeMartino Korrett means correct or corrupt? What has the General Elections got to do with a building permit issued in Mistra. I cannot understand what Gonzi has to do with it. JPO is another kettle of fish, everyone knows that he used pressure to hurry up the process. If you go back to the first hearing of this case you will find that someone under oath said that JPO used to sms him frequently. These gentlemen where found not guilty because as the magestrate said the prosecution did not produce enough evidence to prove them guilty, the prosecution could not prove that the gentlemen knew JPO - now if you believe that they did not know who JPO was you are really gullible, I am still not convinced that there was no pressure although I cannot understand what GomziPN or the general elections had to do with it. Why do some people always have to attribute everything and everyone to pro/against PN/LP?
GiovDeMartino@all lejburisti
Oct 29th 2009, 18:08
Intom tridu bilfors tghidu li JPO u GonziPN u kulhadd (BARRA INTOM) huma korretti. Veru, sewwa qeghdin tghidu. Dnub li -maggoranza ilha tichadkom mill-1981.
Dr. Simon Micallef Stafrace
Oct 29th 2009, 09:16
The professionals, developers, property owners and other people who work in Planning Authority field have always known that the individuals concerned were not the ones who should have been in the dock. It is the system which allows too much political (and other) pressure to bear on the planning process which must change. The real accused here was MEPA itself. The Authority is riddled with individuals who verily go beyond the call of duty in order to ensure that the process moves on. However, the slowness and uncertainty of the system creates the problems which eventually lead to situations such as the Mistra one which in turn led to the wasteful criminal process.
I also believe that we ought to shine a questionary light on the decision to actually go to court.
Stephen Borg Cardona
Oct 29th 2009, 00:52
Very fair judgment, unfortunately the Courts cannot take action against the typically Maltese Cultural tradition of "i scratch your back and you scratch mine " .
Joe Cassar
Oct 29th 2009, 00:36
@ Mr E Vassallo
What is really amusing is the way that the PN apologists are grabbing at this straw which does really change anything.
All it says is that two civil servants were not proven guilty of a crime.
It does nort absolve Pullicino Orlando or the PN from the way they acted in this matter.
M Pace
Oct 28th 2009, 22:28
@J Martinelli if such instances as the Mistra case were to be in Your homeland Canada the Mp concerned would have had to resign. If you believe that once you ruin a peace of land by developing it you can bring it back to its original state than you are living in Mickey Mouse Land. Even though I am not an Alfred Sant Fan at least I thank him on saving the Mistra Bay.
steve elliott,uk
Oct 28th 2009, 21:07
@Alfred Grima. According to GOOGLE there is only one Mr Jeffrey PULLICINO ORLANDO Malta.
Martin Calleja
Oct 28th 2009, 20:55
JPO FOR PRIME MINISTER! Proset Jeffrey. They all owe you a big apology, everyone involved in blowing this farcical pretend scandal out of proportion should all apologize to you and everyone involved for all you had to go through. I hope you and your family finally get the peace you all deserve. Iz- zejt dejjem jitla f wicc l-ilma!
You have a bright future ahead of you and we are all behind you.
E. Vassallo
Oct 28th 2009, 20:41
I find it really amusing that some MLP apologists are finding it hard to swallow the judgement given.
wally vella-zarb
Oct 28th 2009, 20:21
@ J.Martinelli
"JPO (allegedly) signed an agreement that from the profits of the planned project he was entitled to a percentage, does not necessarily mean that he knew the details of the proposed disco."
There you go, playing semantics again! Keep it up, boy! You are getting ever better at digging holes deeper. That is the only thing that will collapse, 'chip by chip', around your ears when the results of the next election are announced! Your acolytes are impressed; the rest of us are hugely amused. ;-)
Joseph Schembri
Oct 28th 2009, 19:56
I am glad that these innocent people have been cleared and in such a short time. I urge the Hon. Jeff Pullicono Orlando to see that other innocent people who are being crucified because of lengthy court poceedings see justice done too. A cursory look at the times on line will reveal that the norm is for people to suffer in silence for years on end because of lengthy trials Some of them rot in jail while awaiting trial and others live in suspended animation.
muscat pat
Oct 28th 2009, 19:47
Thanks to the courts now we can all go and dance at Mistra. Is it Rumba, Waltz or Hard Rock? Take your pick, and thanks Dr Gonzi for giving me the freedom to dance at Mistra.
J Martinelli
Oct 28th 2009, 19:18
@ Marion Pace
Do you know the size of JPO's property at Mistra?
At one point the PL claimed that the project was something like 40,000 square feet. It later transpired that it was some 4000 square feet.
If the PL was concerned about the environment, why did they accuse JPO of corruption and influence peddling?
JPO leased the property to a third party who then went in partnership with a developer. The fact that JPO (allegedly) signed an agreement that from the profits of the planned project he was entitled to a percentage, does not necessarily mean that he knew the details of the proposed disco.
JPO also had an agreement with the lessee that at the end of the lease, the property had to be returned in its original state.
This was all a ploy hatched by a desperate (for a victory) Alfred Sant and he almost pulled it off except that JPO's constituents returned him from two districts with a healthy vote count. They must have seen through Sant's veil of deceit and voted with their brains
Alfred Grima
Oct 28th 2009, 17:55
So Magistrate Edwina Grima said that the accused did not know the applicant, the developer or Dr Pullicino Orlando.
I have one single question to ask regarding this statement,.How many do we have Dr Pullicino Orlando in Malta if I may ask?!
c. camilleri
Oct 28th 2009, 16:13
As Joseph is now saying (copying Dr. F. Adami ) the truth will always win. Slowly but surely the whole mountain of labour allegations is crumpling under the weight of indisputable facts and reality. Pity those persons and their families who had to suffer so much as a consequences of these allegations by unscrupulous persons.
G.Schembri
Oct 28th 2009, 15:45
So who is responsible in issuing this permit, does this mean that JPO can now build his precious disco at Mistra Village? Does this mean that there was no pressure in the issuing of such permit?
Or that the prosecution was incable of proving their case, or that the defense lawyers where better prepared than the prosecution. qoute- "In her judgement, Magistrate Edwina Grima said that their intentions were not proven by the prosecution"
We can say that the court has not found these people guilty, we can say that they were found innocent, but can we really say that everything was done above board?
Marion Pace
Oct 28th 2009, 15:34
@N Callejja and those of the same opinion, the PL has nothing to hang down in shame but thanks to PL Mistra is not ruined. The acquital of these two does not mean that all is innocent and all is ok, it only means that these might have been used as scape goats, as their innocence was there from the begining and the real guilty ones may have got scott free. Is it not true Pullicino Orland's plot was being converted into a Disco? I rest my case.
Chris Borg
Oct 28th 2009, 15:31
@ Ronald Cauchi
Online sarcastic smile = :-S
steve elliott,uk
Oct 28th 2009, 15:28
@Ronald Cauchi. Nice one
James Grech
Oct 28th 2009, 15:20
It is really a relief...for GonziPN...it does seem after all, that it was all blutter, typical of Sant. It also comes at a time when some MPs including JPO himself were being seen as a pain to Gov itself. Now JPO is definitely more happy and at ease...maybe he'll even change a bit his attitude towards his fellow cabinet colleagues. GonziPN now seems to be moving towards safer shores in parliament, at least, and the ghosts that were haunting PM are now vanishing little by little. Oh what a relief..PM is so happy now...he might even nominate JPO for a higher post..yeah what a relief indeed...a relief also to the blue eyed lot who kept on at it in these bloggs...always pumping out defensive statements and trying to revive the high hopes of another (not so much anymore) blue eyed lot...oh what a relief indeed. It was all a mess by Fredu...even better, if there was nothing wrong with the development application process then maybe JPO can still have hopes in the near future to maybe do something useful with that land...and let's not forget Victor...he too was clamped from constructing on his property...forza Vic, its your turn now.
D. A . Agius
Oct 28th 2009, 15:13
"The court, Magistrate Grima said, had been requested to see if the accused could be found guilty of committing a crime and it found that this was not the case."
The court could not find them guilty of committing a crime, not that the accused nor the whole issue was within the full parameters of the law.
The original issue was that land in an ODZ was going to be turned into a disco. NO one can refute that fact and no one can refute who was going to be the beneficiary. IN the eyes of the law, these two persons are not guilty, but in the eyes of the people, all those who participated in this obscenity definitely ARE.
Victor Laiviera
Oct 28th 2009, 14:59
Just two points, for the sake of clarity.
1) The Magistrate acquitted the accused because "their intentions were not proven by the prosecution". I think it is legitimate to inquire how much effort the prosecution put into proving their case.
2) The fact that these gentlemen have been cleared does not change the fact thet The Hon Pullicino Orlando went on record as saying that he had absolutely nothing to do with the case when, in fact, he had signed contracts which showed he was fully aware and involved in what was going on.
That was the crux of the matter and this development does not change that in the slightest way.
M. Friggieri
Oct 28th 2009, 14:46
The accusations leveled by the PL were against JPO who on one hand waved his green credentials for political gain and behind the scenes was going to allow the ruin of Mistra on his land.
This Judgment does not go in any manner into this fact.
Thanks to the PL this development was abandoned.
Joe Cassar
Oct 28th 2009, 14:42
... and I am a two headed green face alien from Mars.
Anton Demarco
Oct 28th 2009, 14:21
What is lawful isn't necessarily moral. The decision to grant permit is unethical in essence - let's respect the environment.
Sergio Galea Vincenti
Oct 28th 2009, 14:06
Before any triumphalistic or defeatist comments, it would be prudent for everyone to reserve commenting on this case which is still not closed and which still has other elements - aside from the judicial process - which need to be deliberated upon.
joseph camilleri
Oct 28th 2009, 13:58
@ Mario Debono
What I know is of public domain. The testimonies in court suffice. Just take off your blinkers and read the testimonies of all parties involved. Its time better spent trust me; unless you prefer to stoop low and insult anything or anyone who taints your evident passion for anything Nationalist.
Whichever way you look at it, it stinks to high heaven. Its more than a moral conviction. Its clear for all to see. At least to those not wearing blinkers!!!!
Mickey mouse indeed!!!!!!!!
Mark Dalli
Oct 28th 2009, 13:58
So what now? it's irrelevant who is innocent (or rather better not found guilty)...and also irrelevant to me the PN & PL never ending saga of Mud-slinging which some people must learn to see through! (as most of us are unfortunitely still politically and religiously brian-washed here in Malta)
So what now??? Ruin yet another Valley?
I Abela
Oct 28th 2009, 13:56
@ All PN bloggers here who suffer from dementia. Please allow me to remind you that MLP never mentioned any names apart from JPO and the developer. The permit was issued illegally and the whole project was illegal.....hence it was stopped....only after MLP raised the alarm. So with all due respect, MLP or PL have nothing to be ashamed of...and nothing to apologize for. What each and everyone of you should be asking is......1) how come this project was illegal but still a permit was being considered....2) how come the police have accused two persons who had nothing to gain from this project while the Net beneficiary of this project (JPO) was not brought to court ?
salvu azzopardi
Oct 28th 2009, 13:51
so all of you think it' still a good idea of turning this natural place into a disco ???
J Martinelli
Oct 28th 2009, 13:40
This case happened to be a high profile case because of the involvement of JPO, a main target of allegations by the MLP, more specifically by Dr. Sant, during the last election campaign.
Of course, no one expects the (now) LP to apologize for their mud slinging tactics because if they do in this case, they would have to do the same for so many other instances when they were proven wrong, and the space in the whole paper would not be sufficient to list them!
Bit by bit, chip by chip, the imaginary mountain of 'scandals' alleged by the LP is being reduced to no more than a speck of dust.
G. Caruana
Oct 28th 2009, 13:28
Well said Conrad Vella!
A.Tabone
Oct 28th 2009, 13:18
Fact remains that through an improper MEPA permit, JPO was going to earn a million euros in rent over a number of years.
Who is responsible and guilty for this then? If this is not corruption then what is it?
wally vella-zarb
Oct 28th 2009, 13:16
@ Mario De Bono
"Another guilty party who should be hauled up in front of the courts is the present MEPA auditor."
Why? On what grounds? Before making such a rash comment, may I suggest that you read again the penultimate paragraph in the above report?
"However, the court would not go into whether the decision taken was in line with the law. It was the planning authority that should ensure that all decisions taken were based on planning regulations, the magistrate said, adding that the law even established procedures through which the authority could syndicate decisions not taken according to its own law."
The court did not go into the merits of whether the decision was taken in conformity with the law; it has not been asked to do so.
N.Calleja
Oct 28th 2009, 13:10
After this sentence the PL should hang their heads in shame! The auditor too should learn a lesson. Whilst they created a lot of false accusations ,the Court has proven them wrong. The PL is only pleased to create unnecessary trouble to honest men and women . Then they hide themselves in shame. This court judgement will surely not appear on One News!!
Mario De Bono
Oct 28th 2009, 13:06
@ Joseph Camilleri. If you know for a fact something the courts and the police don't, and believe they should know it, then you are invited to submit it. Otherwise, you form part of the Disney character you so feely quote ( and insult) our country as being its home . Do you have faith in the rule of law or not?
I will also point out that the Times did censor my post.
michael fenech
Oct 28th 2009, 12:57
@ G.Saliba,
The question remains, is anybody responsible for the issuing of an illegal permit at MISTRA.
The LAW in this Mickey Mouse country is nothing but a big JOKE.
Edward Scerri
Oct 28th 2009, 12:52
I am greatly releived that these two gentlemen have been alleviated from their nightmare. Both are true gentlemen indeed and both were never afraid to shoulder their responsibilities. Being a DCC or MEPA board member is no easy task. You get criticised both externally and internally. They truly deserve compensation for what they have been through.
Joe Vella
Oct 28th 2009, 12:40
@ Paul Borg
The issues you have raised what they have to do with the merits of this case; or with the reasons of Magistrate Edwina Grima in giving her judgement in this regards?
Darren J. Galea
Oct 28th 2009, 12:36
@Robert Musumeci
Please note: "However, the court would not go into whether the decision taken was in line with the law."
Any further comments would be superflouous.
P Agius
Oct 28th 2009, 12:24
So Gonzi should now consider giving JPO a seat in his cabient (Ministry of environment or something in those lines).....Since everyone is innocent it's only fair!
Ronald Cauchi
Oct 28th 2009, 12:23
Can anyone tell me how I can express a sarcastic smile online?
Conrad Vella
Oct 28th 2009, 12:19
AS THE MALTESE SAYING GOES ' IZ-ZEJT DEJJEM JITLA F'WICC L-ILMA'
SHAME ON THOSE WHO USED THIS WHOLE EPISODE TO TRY AND GARNER VOTES IN THE LAST ELECTION. ONE COULD CALL THE APPLICATION AS BEING OUT OF PLACE BUT CERTAINLY NOT THAT CORRUPTION WAS ABUNDANT AND THAT ACCORDING TO A CERTAIN LEARNED GENTLEMAN, WHO INSULTS EVEN THE DEAD, THOUSANDS OF LIRI CHANGED HANDS IN THIS TRANSACTION.
GO AHEAD AND SLING MUD............SOME WILL STICK AND BY THE TIME IT ALL FALLS OFF SOMEONE ELSE WILL BE THE PREDESTINED TARGET.
joseph camilleri
Oct 28th 2009, 12:09
@ Mario De Bono
Perhaps you might want to consider that whoever exercised the pressure, from his high horse, including hundreds of text messages, should have also been charged. It is incredible how such a scandal will just fade into total oblivion, as if nothing ever was.
Hadnt it been for the pre-election controversy surrounding this case, Mistra bay today could look very differently to what it is today.
Paul Borg
Oct 28th 2009, 12:00
@ G Saliba: Of course you are right. How could anyone even dream of suspecting anything suspicious in a planning application that passes through the ODZ DCC board. Certainly not after this weekend's report on the Lidl Case by the MEPA Auditor:
“Completely irregular,” declares the Malta Environment and Planning Authority’s ombudsman on the permit issued to developer Charles Polidano for the construction of a Lidl supermarket in Luqa.
According to Joe Falzon’s report, the permit for the supermarket was approved by MEPA despite a previous refusal for a car-hire firm to build a garage due objections filed by the Civil Aviation Department and the Malta International Airport, because of the location within 250m of runway 24, and its height was 2.5m higher than the runway approach protection surface.
Falzon started his investigation after the original owner of the land complained that his request to develop the same land had been turned down on three occasions by MEPA.
Subsequently he sold his land to Charles Polidano, who found no difficulty in obtaining the development permit requested.
Martin Farrugia
Oct 28th 2009, 11:53
I knew both gentlemen professionally and never doubted their integrity. Although Justice has been done nothing can reverse the psychological trauma they went through. Apolicies anyone?
Peter Bonello
Oct 28th 2009, 11:28
Does this mean that everybody is now officially declared innocent of any wrong doing in the Mistra case?
Mario De Bono
Oct 28th 2009, 11:13
The courts, who we all believe in, have said that these two gentlemen are not guilty. These people have been dragged through an ordeal for nothing. The guilty party here is the MLP, for its senseless mudslinging against these two gentlemen and many others. The MLP will do anything for power, not because it is capable of wielding it, but because it believes its “its turn to govern” and because “its now its turn by right”. What a sorry excuse for politics! Another guilty party who should be hauled up in front of the courts is the present MEPA auditor.
@ Mr Camilleri - What would you expect,now ...a people's court to retry this case a' la' Ceausescu, as we had during the good old MLP days? U hallina trid!
Roderick Bajada
Oct 28th 2009, 11:12
No one is guilty / responsible for anything in this country.
Only the small business man / people are found to be guilty.
Gianninu Saliba
Oct 28th 2009, 11:03
The saying goes: "Innocent until proven guilty". In this case they were proven innocent after being accused of being guilty by some people.
Ernest Vella
Oct 28th 2009, 10:58
Therefore investigation did not found JPO guilty or something of making pressure....its a more as italians said "suddinanza psicologica" - did I understand well?
Robert Musumeci
Oct 28th 2009, 10:42
Justice has been done! Those who perpetrate mudslinging should make a public apology to these two gentlemen!