The parish priest of Nadur together with the administrator of the Gozo Cathedral have been declared non-suited in civil proceedings filed against them by a group of farmers who claimed that they suffered damages owing to the building of a new cemetery.

Martin and Carmen Camilleri, Mark Camilleri, Michael and Maria Cassar and Harry Cassar told the court that their fields always had a continuous supply of spring water which flowed from the natural aquifer and was collected in two reservoirs.

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In January 2004 the building of the new cemetery got under way on lands above their fields and the water supply to the fields below was interrupted and contaminated. 

The applicants pointed out that besides contamination from building materials, burial remains could likewise potentially contaminate the spring and end up in the crops. 

The court, presided by Magistrate Joanne Vella Cuschieri, noted that the farmers had not produced any declaration of ownership of the land over which the cemetery was built. 

It was observed that Fr Jimmy Xerri became parish priest of Nadur in February 2010 when 75 per cent of the works on the new cemetery had already been completed. In fact, the court observed, all work permits had been issued in the name of the former parish priest Mgr Saviour Muscat. 

The court concluded that there was no evidence to prove the personal responsibility of Fr Jimmy Xerri for the alleged damage caused by the cemetery works. Nor was there sufficient proof to establish a direct link between the harm suffered by the farmers and the involvement of Victor Guzman, as administrator of the Gozo Cathedral. 

For these reasons the court declared that the respondents were non-suited. It rejected the claims of the applicants and condemned them to pay the costs of the suit.