Residents have complained about the incessant noise.Residents have complained about the incessant noise.

Senglea residents who filed police reports about incessant noise coming from Palumbo Shipyards during the night have been threatened with asset seizures unless they pay the company’s court expenses.Yesterday, Senglea Residents Association spokeswoman Anna Spiteri received a letter from Palumbo’s lawyer Matthew Brincat. He demanded payment for expenses incurred by the company after the police filed charges against its representatives over the noise.

Although the letter was dated February 6, Ms Spiteri only received it six days later by registered mail on February 12.

Speaking to the Times of Malta, Ms Spiteri expressed her shock at what she called the intimidation tactics being used by Palumbo. “It was the police who took Palumbo to court and prosecuted, not the residents. The work on the ship MV Hamal at the shipyard continued throughout the court case and they moved another ship from one dock to another, which actually went against the court’s instructions,” she claimed.

This was contested by Palumbo’s lawyer, who said the restrictions imposed by the court on the company’s operations and ship movements within the docks after the residents complained resulted in damages to the company.

“Palumbo has every right to sue and recover such damages,” Dr Brincat said. Last week, the court acquitted three Palumbo representatives of disturbing Senglea residents’ sleep as it could not be proven that the noise was coming from the Palumbo yard. This was after the police had investigated residents’ complaints and concluded that the noise was emanating from a generator powering the tugboat Hamal, which led them to file charges against Palumbo.

Readings taken by a court expert from the bedrooms of Senglea residences who complained about the noise showed that with the windows open, the noise levels exceeded the WHO’s threshold of 30 decibels. Since the charges filed by the police against Palumbo operations were specific to operations of the Hamal, residents’ grievances against the company’s overall operations could not be taken into account.

The company accused residents of filing a “malicious” report aimed at financially damaging Palumbo Shipyards

Ms Spiteri has received two letters from Palumbo Shipyards, one addressed to her personally and another in her capacity as the association’s spokeswoman. The same letter was sent to another Senglea resident, Paul McDonald, who had also filed a police report about the noise. Both had testified in court.

In its letter, the company accused residents of filing a “malicious” report aimed at financially damaging Palumbo Shipyards. It also accused them of damaging the entire maritime sector in Malta.

The letter warned residents they could either pay up or face legal action and further expenses. “What upset me the most is that this letter accused us of maliciously trying to harm their good reputation and also cause them financial losses. This is turning justice on its head. It shows that they are totally insensitive to our well-being and they do not really care about the harm they are causing to residents,” Ms Spiteri said. She insisted residents were not acting against the company: “We want everyone at Palumbo to be able to work and earn money, but not to the detriment of our well-being and health. We also need to get up in the morning and go to work.”

A number of e-mails seen by the Times of Malta show that a good number of other residents say the same. “After this whole ordeal I thought that Palumbo would approach us to try and work out a solution. Instead they have resorted to these intimidation tactics,” said Ms Spiteri.

Palumbo’s lawyer denied this. He said that at the same time that the letter was sent to Ms Spiteri to pay for damages, an invitation for dialogue was sent to the local council.

Asked why Ms Spiteri had not received an invitation to talk rather than a legal letter demanding she pays up for speaking her mind, Dr Brincat said it was the local council that represented the residents. “She does not speak on behalf of all Senglea residents. What we are looking for is a situation where good sense prevails,” he said.

Marlene Farrugia reacts

In a Facebook post this morning, MP Marlene Farrugia said the police should charge Palumbo with all the grievances suffered by the residents on account of the company's activity outside its terms of contract.

"The deleterious effects on the health and wellbeing of the residents, though the most important issue, might be difficult to quantify and prove in a court of law, though it's surely possible, but the adverse effects on the values of their residential property because of Palumbo's excesses can be easily quantified.

"Just because Palumbo is rich and well connected (protected) does not mean he can play around with the terms and conditions of his contract," the independent MP said.

She said the government and institutions are there to protect citizens from such blatant intimidation.

Threatened by 'bullies' - AD

Palumbo's "threats and indimidation" of civic-minded Senglea residents is despicable and unacceptable, Alternattiva Demokratika chairperson Arnold Cassola said.

"The bullies at Palumbo seem to think that people should just accept whatever they do. Palumbo are showing that they couldn't care less about residents and have no inkling of the concept of corporate social responsibility. Instead of trying to find solutions and accepting that they should change certain practices in respect of their neighbours, Palumbo have sunk low and resorted to bullying," Prof. Cassola said in a statement.

 

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