The Constitutional Court has overturned a March 26 landmark judgement which had found in favour of a family that complained about fireworks being let off close to their house in San Gwann for the feast of St Helen in Birkirkara.

The first court judgment had ruled that the definition of an inhabited area in the law governing licences for fireworks displays was in violation of a family's fundamental human right to provacy and to freedom from discrimination.

On appeal, the court ruled that the inconvenience suffered by hte family was self-inflicted, for it had moved inot an area in which fireworks had been let off for over 70 years. The Constitutional Court said that the law provided a blanance between the needs of the individual and those of society as a whole.

The appeal was filed by St Helen's fireworks factory, the Attorney General and the Malta Pyrotechnics Association.

The issue was over the interpretation of the law on the safe distance for the firing of petards from an inhabited area. The law defines an inhabited area as being a place where more than 100 people live.

Frederick Zammit Maempel, his wife Suzette and his children Julian and Martina had contested this definition and won their case before the first court.

The fireworks enthusiasts argued on appeal that the respect for privacy, quoted by the first court, was being observed and the family in question knew about the fireworks before they bought the house, which was previously a farm.

See also

http://www.timesofmalta.com/articles/view/20090326/local/court