The Marsascala Sports Club will not be evicted from Żonqor Point to make way for Sadeen’s American Institute of Malta, at least for the time being.
Mr Justice Mark Chetcuti yesterday temporarily upheld the club’s request for an injunction to stop its eviction from the facilities on land, which, it said, the government leased to Sadeen Education Investment Limited through an agreement signed on March 11.
The club said that in 2005 it was granted the land in question, including the water polo pitch, for a period of 16 years, renewable for another two terms of 16 years each.
The proposed American Institute of Malta project, which originally was known as the American University of Malta, covers an area of about 90,000 square metres, which will be given to the Sadeen Group through a concession on temporary emphyteusis.
In their application calling for an injunction, Marsascala Sports Club president Aaron Simpson, secretary Nathaniel Jones and cashier Melchior Busuttil said they were taken for a ride, notwithstanding several months of meetings and empty promises.
They said the Land Commissioner signed the deed with Sadeen at the same time that the club received an eviction order. They deemed the order to vacate the premises as “manifestly illegal” and in bad faith.
Soon after hearing about the proposed project, in July last year, Mr Simpson and Mr Busuttil said they attended a meeting with the Prime Minister’s chief of staff, Keith Schembri, and his assistant, Alex Muscat, during which they were told the club would be involved in the project, which would also include a new indoor pool. This, they added, was confirmed in successive meetings.
In September, they were told they had nothing to worry about and that the Sadeen Group would cover all expenses related to the club’s relocation. According to the application, Mr Schembri also stated that the government was planning to spend €6 million to provide an alternative site for the Marsascala Sports Club.
However, last December, club representatives were summoned to another meeting and asked to provide all its contracts, including one dealing with catering, in view of a restaurant that forms part of the club premises. It was also told that Sadeen Group would cover the club’s financial losses, the court application said.
The club asked whether it could be relocated to an area known as Tas-Siberia, where a pool could be built. During another meeting last February, the club was told that the government had accepted the proposal and was planning to build an uncovered, heated pool.
Then, out of the blue and after eight months of talks, the club received an eviction notice in which it was informed that its lease was being terminated within three months.
Despite the notice, the three representatives told the court, meetings continued during which plans of a new swimming pool were shown and the club was again told not to worry about the eviction notice.
However, they added, in a meeting with the Sadeen Group, the club realised that none of what it was told was true, that the group would make good for its financial losses and that all discussions were “premature”.
In subsequent meetings at Castille, the club realised there was no commitment to assist it, that the government had backtracked and that it simply wanted to retake the land for the Sadeen project to go ahead, they added.
In a sworn statement, the club insisted that an injunction was necessary as it was about to lose its facilities. It said it also had to honour contracts with about 30 water polo players.
Mr Justice Chetcuti gave the government four days to file its reply and set a hearing for next week.
Lawyers Jason Azzopardi, Kris Busietta and Massimo Vella signed the application.