A woman who sued Transport Malta and demanded reinstatement of reserved parking near her residence in Sliema had her case dismissed by a court after the Authority produced video footage showing the woman getting up and walking up Sa' Maison Hill without difficulty.

The case was instituted by Maureen Scicluna against Transport Malta and the Attorney General.

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She said that she was registered as a person with a disability with the National Commission, Persons with Disability, but possessed a driving licence. Up to 2006 she had reserved parking near her house, but it was removed in February 2006. Transport Malta had argued at the time that the woman was often away from Malta.

Ms Scicluna argued that the Transport Authority had acted in a discriminatory manner and requested reinstatement of the reserved parking slot.

The court heard how the woman's case had already been upheld by the Ombudsman in May 2007. He declared that the Authroity should have first informed Ms Scicluna that the reserved slot was to be removed. Furthermore, the absence of the woman from Malta for some time was not included in the policy on the granting and removal of reserved parking.

Transport Malta disagreed with the Ombudsman's findings and also informed him of video footage which showed that Ms Scicluna did not have mobility problems. The Ombudsman replied that the video footage cast doubts over the (MT-appointed) doctor's report about a permanent and progressive disability and he suggested another medical examination.

However, since no new medical examination took place, Ms Scicluna instituted legal proceedings against Transport Malta.

Transport Malta said this court case was over alleged discrimination, and the reasons mentioned by the Ombudsman, therefore, did not apply.  It insisted that Ms Scicluna needed to prove not only that she suffered from a disability, but that this disability justified the need for reserved parking close to her home.

The court in handing down its decision, said it was of the view that Ms Scicluna was not actually seeking an end to discrimination but wanted a privilege. The court said that Ms Scicluna's state of health was not such as to require this privilege.

The court said it found particularly relevant the evidence given by medical consultant Norbert Vella and the footage which showed the woman getting up and walking up Sa Maison Hill, near the offices of Transport Malta, without any help, without a walking stick, and without difficulty.

It was true that Ms Scicluna was old and tired quickly, but should those be the reasons for the granting of reserved parking, discrimination would be committed against all other elderly persons who were not given the same facility.

The court therefore concluded that Transport Malta had not discriminated against the woman.