Judicial protest on Wardija antenna

Wardija residents earlier this week filed a judicial protest in the First Hall of the Civil Court against the construction of a mobile phone antenna in their neighbourhood which they claim is a health hazard.

The protest was filed against the chairman of the Malta Environment and Planning Authority, Vodafone Malta Ltd and architect Robert Musumeci.

The Wardija Residents Association, on behalf of whom the protest was filed, said MEPA had approved the construction of the Vodafone antenna in Ta' Kosimu, Wardija, despite the site forming part of a rural area that fell outside the development zone. MEPA had issued the permit on November 28, 2003.

"The procedures followed were abusive and illegal. Vodafone Malta Ltd had been asked to come up with alternative sites but never did, as can be seen in correspondence between MEPA and Mr Musumeci," the residents pointed out.

They said the mobile phone company had justified its application by claiming that the area gives poor service coverage. "MEPA accepted this fact prima facie and failed to ask residents who use the company's service to see if this were true."

The residents' lawyers also claimed that the fixed site notice, which should have informed residents about the application, was never displayed. As a result, the public was not given any opportunity to submit its feedback as required by law.

According to the residents, the site had been used for illegal dumping, but MEPA had failed to issue an enforcement notice for the site to be rehabilitated before issuing the permit to Vodafone.

The residents' complaints had been investigated by MEPA's audit office. On March 14 the auditors had identified irregularities in the process and called for further investigation on the authority's failure to issue an enforcement notice and to consult the public in determining whether there were valid justifications for issuing the permit.

The residents also said Vodafone had not pointed out to the authority that the site belonged to the government.

"The MEPA audit office concluded that the information provided by the applicants had been fraudulent," they said.

The residents pointed out that electro-magnetic rays emitted by the antenna would negatively affect Dun Manwel Attard special school in the vicinity.

"In its report, the MEPA auditors pointed out that the public's concern about the health risks posed by these antennae was not being properly addressed."

Dr Lorraine Schembri Orland, Dr Jean Karl Farrugia and Dr Noel Camilleri signed the protest.