Property magnate Charles Polidano, fined €100,000 four years ago after being found guilty of breaching environmental protection and planning laws while carrying out works on a property in Balzan's village core, had the fine decimated on appeal.
The case dates back to July 2011 when the then Malta Environment and Planning Authority had issued an emergency conservation order over the property, in Main Street, where works for the construction of 43 apartments, the restoration of two old houses, and an underground car park for 121 cars were underway, in spite of a refusal for development in 2009.
Criminal action was instituted against Mr Polidano over the destruction of at least one 50-year-old Bay Laurel tree, a protected species, and the demolition of a rubble wall. Mr Polidano, as the registered owner of the property, was declared guilty and ordered to pay a €100,000 fine.
An appeal was filed wherein it was argued that the conviction was "unsafe and unsatisfactory" since "not one shred of evidence" had been put forward by the prosecution which had not even identified the workers present at the site, let alone called them to testify in court.
The criminal court of appeal, presided over by Mr Justice David Scicluna, while observing that documentary evidence showed that Mr Polidano was indeed the registered owner of the Balzan property, upheld the argument that the punishment was excessive.
Considering that only one protected specimen had been chopped down and that the rubble wall in question had suffered earlier damage on account of inclement weather, besides the fact that, pending the appeal, a full development permit had been issued, the punishment merited reduction.
Even though the said permit was still subject to appeal, the issue thereof appeared to indicate that the relative authorities had achieved their aim by scheduling the property as a green enclave having a large number of trees and a newly-constructed rubble wall.
The court, therefore, partially upheld the appeal and mitigated punishment by reducing the fine of €100,000 to €10,000, whilst ordering Mr Polidano to abide by the emergency conservation order or else pay a daily €130 fine.
Lawyers Michael and Lucio Sciriha together with Jean Paul Sammut were defence counsel.