Errors lead to the collapse of six noise-complaint cases against bars

At least six noise-complaint cases against two Sliema bars have been thrown out after prosecutors repeatedly botched their cases with the same procedural mistakes.

The cases stemmed from noise complaints filed by two neighbouring residents in 2023 and 2024 against bars MedAsia Playa (today known as Toyroom beach club) at Qui-si-Sana, and Gourmet Cocktail Bar and Grill on the Strand.

The prosecution repeatedly made the same procedural mistakes in the police or Malta Tourism Authority affidavits: failing to indicate where the oath was taken, and to present an original copy of the affidavit.

Due to these errors, Magistrate Kevan Azzopardi had no other option but to acquit the accused, as the prosecution presented “inadmissible evidence”.

On October 8, the court ruled on five cases against MedAsia Playa following noise complaints by resident Ivanna Boleslavovna Priyavko. One case was filed against Timothy Joe Falzon over an incident on April 29, 2023, while four others targeted Josephine Casha for complaints on July 8, 2023, July 15, 2023, June 13, 2024, and July 24, 2024.

A week later, the court heard three more cases against Gourmet Cocktail Bar and Grill, based on a single complaint by resident Anna Maria Baldacchino, who reported noise on April 5, 2024, at 11.20 pm. Separate charges were brought against Kiril Antovski, Ivan Angeloski and Michael Stivala.

The charges concerned playing amplified music that caused a disturbance to nearby residents. All defendants were accused as the persons in whose name the establishment’s licence was held, except for Angeloski and Antovski, who were charged as the operator and manager of the bar, respectively.

In seven of the judgments, the court noted that the police and/or the MTA had presented affidavits which did not include information about where the oath was taken.

Under Article 7 of the Commissioner for Oaths Ordinance, affidavits must state “at what place and on what date the oath or affidavit was taken or made”.

In each ruling, the magistrate declared the affidavits “null and void”.

Gourmet Cocktail Bar and Grill on The Strand, Sliema. File photo

In the case against Stivala, the court noted that Baldacchino’s testimony and videos showed the disturbance was “serious”. But the prosecution failed to prove that Stivala held a licence of the establishment due to these procedural errors.

The only instance in which an invalid affidavit was not presented was the case against MedAsia regarding the noise complaint of July 8, 2023. However, that case was still dismissed as the prosecution failed to produce a witness or an MTA affidavit confirming that Casha operated the establishment.

The same mistake occurred in the cases against MedAsia concerning complaints made on July 15, 2023, and July 24, 2024.

Questions were sent to the police and the MTA but they did not respond in time for publication.

The canopy belonging to Gourmet Cocktail Bar and Grill had illegally occupied a section of The Strand for about a decade until the Planning Authority finally sanctioned it last year. The application to sanction was filed by developer Michael Stivala.  Lawyer Charles Mercieca assisted MedAsia.