Smash contests BA hearing

Smash Communications Ltd yesterday filed a writ of summons in the First Hall of the Civil Court contesting the validity of a hearing before the Broadcasting Authority.

The writ was filed against the authority and against its executive head Kevin Aquilina.

The company said it was involved in broadcasting on television and on the radio and produced the programme Minibus aired on Smash TV. The authority had, by means of a letter of April 13, complained about the edition of Minibus aired on April 1.

Aquilina had concluded that a monitoring report on this programme had shown that extensive credits had been given in violation of the Broadcasting Act. Smash Communications Ltd was ordered to pay a penalty of Lm400 by April 19.

However the company had contested this ruling and a meeting was fixed with the authority in the presence of Aquilina for April 20.

There was no doubt, the company said, that Aquilina and the authority were involved in issuing the charges against Smash Communications Ltd and as a result they could not issue charges and decide upon them. This would be in violation of the fundamental principle of the law that no one could be a judge in one's own cause.

At the meeting it was decided that this point be referred to the First Hall of the Civil Court for a decision. Smash Communications Ltd therefore asked the court to hear and decide this case with urgency.

Dr Emmy Bezzina signed the writ.