It stinks, court says of Marsa smell saga

A magistrate rebuked three government entities for hastily concluding that a company was dumping oil in the sewage system, which led to an unbearable smell in Marsa, instead of carrying out a thorough investigation.

Magistrate Anthony Vella felt an investigation to apportion blame should have been held in the two-year period between the time the first inspection of the area was made on April 2, 2009 and when the accused were charged with illegal dumping on April 2 this year.

The three entities, the Water Services Corporation, the Malta Environment and Planning Authority and Transport Malta, were quick to jump to conclusions when the second inspection was held on April 2, rather than holding a detailed investigation that could give rise to criminal proceedings and lead to a conviction, the court noted.

The magistrate acquitted Carmelo Falzon, 65, from Birkirkara, a director of Waste Oils Ltd, and plant manager Oliver Debono, 48, from Sta Venera of illegal dumping.

The two were actually acquitted about two weeks ago but the magistrate’s considerations, in which he listed a number of shortcomings by the authorities, were only issued yesterday, following an appeal by the Attorney General.

The three entities concluded that the company had dumped oil in the sewage after a flexible pipe was found connected from the company’s plant to the drainage system in a disused bathroom. Representatives of the entities said the same type of oil found in the offending sewer was also found in the flexible pipe.

The pipe was, however, used to channel rainwater into the drains, according to the company.

Two years after the entities had reached their conclusions, Labour MP Owen Bonnici filed an official complaint and the police instituted criminal proceedings against the company.

Samples were lifted from the flexible pipe and the drainage sump but no contamination was found. This led the court to doubt whether oils were actually being dumped via the flexible pipe, the magistrate said.

It had been suggested that a coloured liquid should be pumped down the flexible pipe to find out from which sewer the liquid would emerge but the suggestion was not taken up, the court noted.

In a report presented to the court, it appeared that changes in the structure of the drainage system had been made over the years but this was not highlighted in the authorities’ official plans of the system.

Another recommendation that was not implemented was to send special cameras into the drain pipes to establish where the oil was coming from, the magistrate said.

He said photographs showed a clear liquid emanating from the flexible pipe. It was not dark-coloured oil. There were no photographs showing the source of the clear liquid.

The lack of concrete evidence led the court to acquit the two men, the magistrate said.

Lawyer’s Michael Sciriha and Patrick Galea appeared for the accused.

The foul smells at Marsa had at one point become so unbearable that planning authority employees at Hexagon House had to evacuate it.

On February 11, the employees were directed by their unions not to work at the premises because of fears that nauseating smells could be harmful to their health.

They returned after three months when the management assured them it would improve the air ventilation system.