The asset seizure threat by Palumbo Shipyards against Senglea residents who filed reports about noise pollution was baseless as citizens had every right to request police investigations, according to the residents’ lawyer.
“It is every citizen’s fundamental right to request the executive authorities – the police – to investigate breaches of the law and regulations and to file criminal complaints,” lawyer Claire Bonello said in a reply to Matthew Brincat, the lawyer representing Palumbo.
Dr Bonello described the request by Palumbo Shipyards as a poor attempt at intimidating her clients and stopping them from going to court.
Last week, Senglea Residents Association spokeswoman Anna Spiteri received a letter from Dr Brincat demanding payment for expenses incurred by the company after the police filed charges against its representatives over noise pollution.
A poor attempt at intimidating my clients
In the 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.
Earlier this month, the court acquitted three Palumbo representatives of disturbing the residents’ sleep as it could not be proven that the noise was generated by the shipyard.
Prime Minister Joseph Muscat on Sunday deplored the actions by the company, saying the government was prepared to mediate. Dr Muscat also denounced Palumbo for using workers as “shields”.
A spokesman from the Office of the Prime Minister said Palumbo had made contact on Sunday saying “they were willing to find a solution to the long-standing issues” with residents in the area surrounding the dockyard.
The spokesman said Dr Muscat remained steadfast in his appeal to Palumbo to live up to its social and corporate responsibility and to respect its workers.
Asked in Parliament whether Mepa investigated cases of noise pollution, the Prime Minister said that in such cases monitoring fell within the remit of the Environmental Health Directorate and the Occupational Health and Safety Authority, the OHSA.
OHSA CEO Mark Gauci confirmed that occupational health and safety officers had inspected the shipyard “on several occasions” but said he could not divulge any details.
Dr Gauci said that it is not OHSA’s role to identify hazards and quantify risks.
“OHS officers ensure that systems are in place to control risks according to the hierarchical system of prevention established by the Act,” Dr Gauci said.
“Where during an inspection risks are noted… then action is taken by OHS Officers according to OHSA’s enforcement policy, which determines an action commensurate to the risk,” Dr Gauci said.