A judge yesterday backed a decision by a magistrate who acquitted two former members of the Development Control Commission of exercising a private interest in the adjudication of a permit for an open-air disco in Mistra.

Former DCC board chairman Philip Azzopardi and Anthony Mifsud, a former member, had been arraigned in 2008 after a three-month investigation. The police started looking into the case after the Labour Party, shortly after the 2008 election, alleged corruption in the way the permit was issued for the land owned by then Nationalist MP Jeffrey Pullicino Orlando.

Magistrate Edwina Grima had found that the elements for the alleged crime to be proven were lacking, adding that the men were “of a certain professional integrity” and “could never be found guilty”. This was primarily because evidence showed they had no private interest in voting for the outline development permit which, in itself, did not lead to the development going ahead.

During the proceedings, the men argued that they never knew that Dr Pullicino Orlando was the owner of the land when he attended meetings to discuss the project. They said they thought he was present because of his interest in the tourism aspect of the development.

Following their acquittal in October 2009, the Attorney General filed an appeal, referring in particular to the evaluation and interpretation Magistrate Grima gave to the law with regard to “taking a private interest in the case”. The Attorney General argued that she incorrectly interpreted the law.

Mr Justice Michael Mallia said it was evident that the magistrate had in fact interpreted the law correctly.

Lawyers Joseph Giglio, Stephen Tonna Lowell and Peter Fenech represented the two men.