The King’s Own Band Club in Republic Street, Valletta. Photo: Chris Sant Fournier

A Constitutional Court has overturned a decision to compensate the co-owners of a Valletta building housing the King’s Own Band Club, saying there was no human rights breach.

Madam Justice Anna Felice had awarded compensation amounting to €300,000 in 2013 when she found that the law did not allow the owners to raise the “extremely low” rent, which constituted a breach of their fundamental human right to enjoy their property.

The Attorney General had appealed, insisting no human rights had been violated because rent laws were there to protect the public interest.

The band club also appealed, insisting it had abided by the law and that it was not responsible for the legislation.

The Constitutional Court, presided over by Chief Justice Silvio Camilleri sitting with Mr Justice Giannino Caruana Demajo and Mr Justice Noel Cuschieri, upheld the Attorney General’s argument and ruled there was no human rights breach.

The 25 co-owners of the property in Republic Street, which their ancestors had leased to the King’s Own Band Club in the 1940s, told the court the musical society used to pay £500 a year in rent, later raised to €1,165.

They insisted the rent was extremely low, especially when one took into consideration the cultural and architectural value of the place. However, existing rent laws did not allow them to demand a higher sum.

The Constitutional Court found no interference by the State

They, therefore, felt that they were being deprived of the use of their property as it had effectively been expropriated for a public purpose.

They also claimed discrimination, arguing that commercial property owners were entitled to rent increases.

The first court ruled that every individual was entitled to enjoy his/her property and that no one could be deprived of property except in the public interest. The judge ruled that any interference with property had also to satisfy the requirement of proportionality so that the owner would not have to bear a disproportionate burden in the public interest.

However, the Constitutional Court found no interference by the State, upholding the Attorney General’s argument that nothing had been introduced to interfere with the agreement struck between the parties when the club started renting out the premises.

It, therefore, overturned the original judgment and also accepted the Prime Minister’s argument that he had nothing to do with the case and should therefore be left out of it.

The case was instituted by Sean, Richard and Philip Bradshaw, Maureen Crossey, Anna Abela, Caroline Falzon, Joanna Marion LeGault, Philip and Julian Bugeja, Mary Ann Mason, Alberta Camilleri, Alfred Falzon Sant Manduca, Mark, Jason, Rachel, Michael and Vivienne Cassar Desain, Christine Delia, Veronica von Brockdorff, Nathalie Savill, Andrew and Stephen Said, Francesca Salomone, Lawrence Desain Viani and Mercury plc against the Prime Minister, the Attorney General and the King’s Own Band Club.