Band club will fight to retain premises

The San Leonard band club in Kirkop is fighting to remain on the premises it has used for over half a century after being told by a court to get out within three months.

The San Leonard club committee is filing an appeal against a court decision earlier this month which found that a requisition order issued in 1955 violated the owner’s fundamental human rights.

The owner successfully contended that the requisition was in violation of her fundamental human right to enjoy her property.

“We are very disappointed. We expected the worst but it still hit us hard,” band club secretary Kenneth Cassar told The Sunday Times.

The executive committee says it has nowhere to go if it loses the appeal but its president Louis Zammit is banking on the backing of members and their families.

The San Leonard club has always had the support and backing of its devoted community which, in 2009, helped raise €54,000 in just two weeks after the club was ordered to pay damages to the owner of another property adjacent to the premises.

The 150-year-old club has faced several legal battles related to property and even won a landmark case in 1993 when the European Court of Human Rights held a retrial should take place after finding that a decision taken by three judges in a Maltese Court of Appeal breached the band club’s right to an impartial hearing.

Eventually the club lost the case and ended up having to pay the €54,000 fine. The band club was slapped with another fine after the latest court decision also awarded the owner €60,000 in compensation.

Committee member Anton Mifsud pointed out that the current band club headquarters was used as a shelter in the war and then as a school.

“We were thrown out of our original location, in Kirkop’s main square, to an adjacent square because of plans to widen the area... we need to stay in the heart of the village,” he said.

The club had also offered to increase the annual rent of around €70, but to no avail.

“We understand the owner’s frustration and that everyone has the right to enjoy their own property. Everyone has suffered but we are suffering the most as we can end up being homeless,” Mr Cassar said.

“When we had to collect €54,000, we were touched and surprised at people – elderly, students, families – even those who were not members who contributed… they supported us and gave us strength,” he added.

Despite the legal battle, the feast of St Leonard went ahead as usual.

The members are quick to point out that despite the common perception surrounding band clubs, the Kirkop property is not used for excessive drinking and foul language but as a place where youths gather, where music lessons are offered for free and where people meet.

Mr Cassar said even though it was a difficult time for the club, everything would proceed normally. “At the end of the day, the band club is not the building but the people,” he said.