A taxi driver who took part in the public transport operators' strike last summer and had his licence tag removed, was not given a fair hearing before it was taken away by the transport authority, a court ruled yesterday.

The 22-year-old driver, Paul Borg, told the court he had been one of many taxi drivers who had taken part in the strike called by the Federation of Public Transport. He was given an 18-month prison term suspended for three years after he admitted to having formed part of a group that assembled outside the Prime Minister's Office in Valletta on July 15 and disobeying police orders. He was also fined €1,165.

He had appealed the punishment and his case was dismissed on a technicality.

Mr Borg said the authority had ordered him to hand back his licence tag, which entitled him to work as a taxi driver, although other taxi drivers who had also taken part in the strike had not been ordered to do so. As a result, Mr Borg said he could not work. He asked the court to rule that the authority's decision was null and void.

The court ruled that the authority's decision was of an administrative nature and was therefore subject to the rules of natural justice. The court said Mr Borg had been denied a fair hearing. He had not been given the chance to make his case before his tag had been withdrawn. Once the authority got to know that criminal charges had been filed against Mr Borg it had decided to withdraw his tag. It had not sent for him or heard what he had to say. Consequently, Mr Borg had not been given a fair hearing.

The court therefore found that the decision taken by the authority was null and void.

Lawyers Josè Herrera and Veronique Dalli appeared for Mr Borg.

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