Owners of illegal structure clash with police

Scuffles broke out yesterday morning between the police and the owners of a vulcanizer and battery service outlet in Mdina Road, Zebbug.

The police were about to carry out an order by the Malta Environment and Planning Authority to demolish the upper floor of the outlet. The building is not covered by a development permit.

The story started to unfold at about 9 a.m. when the police, equipped with a crane and several trucks and backed by army personnel went to the site to start demolishing the upper floor, which is still being built.

As soon as the owner, Carmel Dimech, and members of his family realised what was happening, they parked a number of trucks and deflated their tyres to obstruct the work.

Feelings were further inflamed when the police moved in to remove a truck and prevent debris from the demolition from falling on it. The Dimechs got in front of the truck as a police tow vehicle approached to lift it.

Scuffles broke out as the police used restrained force to remove the Dimechs.

Assistant Commissioner Joseph Brincat was bitten on the hand and one of Mr Dimech's sons was observed showing bruises on his arm.

The family protested strongly against the action claiming the establishment had been built for them by the Malta Transport Authority (ADT) as compensation after the property was expropriated to make way for a new road.

However, a spokesman for the ADT denied it had built the upper floor. It had only built the ground floor to compensate for the property Mr Dimech had lost, the spokesman said.

The road had been built through Italian Protocol funds and Mr Dimech's premises had to be shifted to make way for it.

Speaking to the media, Mr Dimech produced a letter signed by Heinrich Semar, Director of the ADT's Network Infrastructure Directorate, about works connected with the widening of the road.

"The directorate agrees to carry out the works as a replacement for the losses to be incurred by your company resulting from the demolition works in question," the letter said.

Mr Dimech also produced an affidavit by his lawyer George Cutajar in which it is stated that at no time did the ADT inform Mr Dimech that works to be carried out were not covered by a Mepa permit.

In fact, when works started, the ADT provided the precast concrete planks to build the first floor, the affidavit said.

According to the affidavit, this was in line with instructions given by Roads Minister Jesmond Mugliett during a meeting in May 2005.

Dr Cutajar said that during the meeting he had insisted that the Dimech family should be compensated and he had proposed that they should be granted a permit to build a floor on top of the new garage.

"There had not been any objection to this and Minister Mugliett gave instructions to Mepa officials to regularise Mr Dimech's situation and as compensation for the expropriation they should see that a permit is issued for the upper floor," the affidavit says.

In a statement, Mepa said the help of the army was necessary because no private contractor was willing to remove the illegal structure.

A number of individuals continuously shouted threats at Mepa officials and other personnel assisting in the operation. The army's Bomb Disposal Unit checked the property for safety, Mepa said.

The demolition is scheduled to continue.

Dimechs charged

A Zebbug man and his two sons were yesterday charged with threatening and obstructing police and Mepa officials while carrying out their duties in Zebbug yesterday.

Carmel Dimech, 48, and his two sons Ludwig, 23, and Melchior, 24, also pleaded not guilty to slightly injuring three policemen, including Assistant Commissioner Josie Brincat and Inspector Alexander Miruzzi yesterday morning.

They were granted bail against a Lm300 deposit and a personal guarantee of Lm10,000 each.

Police Inspector Miruzzi prosecuted.

Lawyer George Cutajar appeared for the men.

History of the development as issued by Mepa

• The site was originally inspected by Mepa on October 28, 2004 following anonymous complaints.

• The site was being illegally used as a place for the keeping/selling of vehicles, cars and other objects. A structure roofed with precast planks was also constructed as an extension to the existing building. A room and another structure on top of it were also illegal. No permits were sought for this.

• The developer was contacted and a Stop and Enforcement Notice ECF 921/04 was issued on November 12, 2004 .

• No application/appeal against the enforcement were submitted. The case was referred for Direct Action on February 23, 2005 in line with procedures.

• The developer was notified on March 11, 2005 that the case was listed for direct action. They were officially informed that Mepa may enter the site and remove the illegal structures without any further notice.

• On September 27, 2005 further construction works in breach of the active Stop/Enforcement notice were noted.

• The site was inspected on various other occasions and more works at first floor level were noted. A police fixed point was later placed on site to ensure works stoppage. However, as soon as the police monitoring ceased, the developer continued further works.