Carol Farrugia.

The heirs of a farmer whose land was expropriated to make way for the Freeport are “deeply hurt” because they have not been compensated for their father’s investment 45 years on.

“There were times we would even cut back on food so that our father would be able to invest in the fields,” said Emanuela Zahra, one of the 11 siblings.

Eight years ago, they filed a constitutional application in the Civil Court against the Attorney General and the Commissioner of Lands claiming that the expropriation was null and void. The Malta Freeport Corporation Ltd and the Malta Freeport Terminals Ltd were also summoned.

The siblings said that in 1969 the government had expropriated their father’s land in Kalafrana and Bengħajsa, limits of Birżebbuġa, on the basis it was required for a public purpose.

Verdict is a huge injustice

However, although part of the land was being used by Malta Freeport, around 20 tumoli of non-arable land had not been used, the heirs argued.

At the same time, the land being used was in the hands of Malta Freeport and this could not be considered as being an expropriation for a public purpose because Malta Freeport was a commercial entity.

But the authorities contested the claims while the courts noted that an expropriation could be validly made if it were in the public interest and not solely for a public purpose.

The role of the Malta Freeport, the court added, had become more defined over the years and the activities being carried out were in the public interest.

In 2013 the court decided that since the land was not being used, the State had to release possession to its owners and give the heirs €30,000 in compensation.

The authorities and the heirs appealed against the decision and, on Friday, the court repealed last year’s compensation ruling, noting there was no proof of ownership of the non-arable land.

All that the siblings  aged between 47 and 70  were left with were the memories of years toiling in the sun in the fields.

“Once we turned seven, we would lend a helping hand in the fields. As a girl, there were times when I worked a whole field on my own,” Ms Zahra said.

Carol Farrugia added: “We are the children of farmers. Our mother would wake us all up at 4am and we’d head to the fields to harvest the seasonal fruit or vegetables, be it prickly pears and grapes in summer, onions or potatoes. We’d wear no gloves.

“Some produce would be exported and some sold at Birże-bbuġia to maintain a family of 13.

“Friday’s verdict is a huge injustice because all that our family invested in years ago went up in smoke,” she said, recalling the sound of explosives blowing up rocks that broke the family’s hearts.

“It is a great injustice as we have not only lost what we had, but also been deprived of the investment that we could have put in the fields in the past years,” she added.