Request for temporary pharmacy licence
Judge insists justice must always prevail
The owner of Chemimart pharmacy at City Gate Arcades will be able to operate from Republic Street, Valletta after a court found that the government could not withhold his licence because other Valletta pharmacies could potentially threaten to stop running the Pharmacy Of Your Choice scheme.
The Superintendent of Public Health, Ray Busuttil, who has the authority to issue pharmacy licences, should not base a decision on a real or presumed threat of action, Mr Justice Joseph Zammit Mckeon ruled yesterday.
Mr Justice Zammit Mckeon ordered Dr Busuttil to issue a temporary licence to allow Reginald Fava to run his pharmacy from an outlet in Republic Street.
Mr Fava had filed an urgent lawsuit against the Medicines Authority and Dr Busuttil after they refused to transfer the licence of his present pharmacy in Freedom Square.
Owners of shops at the City Gate Arcades and in the opera house ruins had to close their outlets on March 27 in preparation for demolition works in connection with the Valletta entrance regeneration project.
Mr Fava refused to close his pharmacy and although the government offered him an alternative location in the shopping mall on the right-hand side of Freedom Square, he could not move in immediately because structural works had to be made first.
Dr Busuttil said in court on Tuesday the government had held back from granting Mr Fava a temporary licence because of a "potential threat" of the POYC scheme being stopped by four Valletta pharmacies negatively affecting about 30,000 people registered under the scheme.
In his judgment, Mr Justice Zammit Mckeon pointed out that Dr Busuttil had the authority to change the conditions of a licence when there was a "material change of circumstances". In this case, Mr Fava was forced to close his outlet and move out of Freedom Square because of works for a national project. But Dr Busuttil had to weigh both the public interest and what was fair and reasonable, he said. "The element of justice should always prevail."
Mr Justice Zammit Mckeon added: "Frankly, this court cannot understand why the potential unjustified reaction of third parties should negatively influence the Superintendent's decision at the cost of Mr Fava's legitimate rights."
As a result, he ordered Dr Busuttil to issue a temporary licence allowing Mr Fava to operate his pharmacy from Republic Street within a week until December 2010.