An appeal by the Attorney General against a landmark court judgment which prohibits fireworks being let off close to people's homes has been criticised for being "insensitive" by the lawyer heading a case against two fireworks factories.
While acknowledging that the AG's office was only doing its job, Stefan Camilleri told The Sunday Times yesterday:
"The risks of having a fireworks factory next to your house are obviously much greater than having fireworks let off close to where you live, but there are serious risks nonetheless and these arguments dismiss people's fears."
Dr Camilleri is representing residents whose homes were damaged by an explosion at a fireworks factory in Għarghur in 2007. Five fireworks enthusiasts died in the incident.
In the appeal filed last Friday, the AG's office said it was "disproportionate" that fireworks should be stopped during two feasts "just because one or two families' swimming pools get dirty".
The reference to the pools was prompted by one of the complaints raised by Fredrick and Suzette Zammit Maempel, who launched the legal case that led to the judgement. However, they also highlighted the real risk they face when fireworks are let off less than 150 metres from their home which is in a rural area of Għarghur.
In 1992, before they owned the house, parts of the building caught fire through burning cinders which fell in the garden.
Despite the fact that the law states fireworks can only be let off 150 metres away from residences, there is a loophole - since this buffer zone only applies to areas where more than 100 people live. In the court case, the judge declared this legal definition null because it discriminated against people who lived in sparsely inhabited areas.
However, the affected fireworks factories, St Helen and St Anthony's, and the Attorney General's office are fighting back. The AG's appeal in particular defends fireworks as a tourist attraction and a key part of Maltese tradition.
"All of us bear the inconveniences... such as heavy traffic, noises made by cars and other machines, dust in the air caused by a lot of construction work which is constantly going on in our country..." the AG said in the appeal, pointing out that the Zammit Maempels do not have to put up with much of this since they live in the countryside.
Lawyer Georg Sapiano, who has spoken out against the dangers of improperly placed fireworks factories, said the appeal "dismissed the concerns of the Zammit Maempel family in a needlessly crass way".
Dr Sapiano said: "It is not just about cinders falling into a swimming pool and dirtying it, as the AG said. Falling cinders can also set something on fire. In a house that can have tragic consequences."
Instead of 'rubbishing' people's justified concerns, he said, "we should all seek a better balance between fireworks, which are culturally relevant, and people's right to live in a community whose spaces are kept free of avoidable danger to life and property. As things stand, with fireworks factories on the doorstep of schools and homes, this has not yet been achieved."
Explosives experts who spoke to The Sunday Times said the buffer zone contemplated by law could even not be enough at times as "it all depends on the amount of explosives being let off".
"Sometimes 150 metres can be sufficient but you never know. If you have a big petard and something goes wrong as it is launched, it could very easily end up on a neighbouring residence. It's rare, very rare, but possible."