Urgent job necessitated speedy action, official says

The director general at the environment ministry`s public works` department yesterday told a court that the "serious situation" brought about by a drainage leakage in St Paul`s Bay last July led him to assign a Lm20,000 trenching job to the first contractor who had the machinery required to do the repairs.

"The situation called for an immediate solution so engineer Mark Mangion and myself decided to bypass the drainage flow. A trencher was indispensable to carry out the job and so we began looking for a contractor," Vince Cassar said.

"So far as I can remember, engineer Mangion had spoken to the Bonnici contractors and informed me they didn`t have a trencher but would have to obtain one through sub-contracting.

"But there was public health at stake and therefore time was precious. For this reason, I would have preferred assigning the job to a contractor who did not depend on anyone else but himself."

Cassar testified before Magistrate Abigail Lofaro in the compilation of evidence against Vincent Cilia, of Zebbug, a civil servant at the Environment Ministry, who is pleading not guilty to extorting money from Carmel Bonnici and his son Marco (the Bonnici contractors) on and before July 14, 2001.

Cassar said he was abroad when a main drainage pipe in St Paul`s Bay had sprung a leak. He arrived back on a Saturday (July 14, 2001).

The following day, at about 9 a.m., Resources and Infrastructure Minister Francis Zammit Dimech (then also responsible for the environment) phoned him about the leakage.

"I went on site where I met engineer Mangion and we discussed the problem. The situation was very serious as it was summer and people wanted to swim.

"The temporary repairs that had been done while I was away had not solved the problem and a quick decision had to be taken. So engineer Mangion and myself came up with the idea of bypassing the drainage flow to allow workers to repair the damaged pipes. To do this a trencher was needed," Cassar said.

"I knew that a contractor had been doing work for us in Rabat and I thought he had a trencher. I contacted engineer Stephen Cachia and asked him to contact that contractor to ask him to assist us at St Paul`s Bay.

"But engineer Cachia informed me the contractor could not help us. I contacted several other engineers to ask them to find a contractor, any one, who was ready to start work on the bypass that very day. But it was a Sunday and it was therefore difficult to find someone.

"Eventually, contractors P & S Mifsud were contacted. They had the machinery required, were given the job and started digging the trench on Monday.

"Although I don`t remember going on site on Monday, I was definitely assured that works were in progress," he said.

Cassar explained he could only issue contracts of work to authorise works that amounted to a maximum of Lm1,000. If the works were estimated to cost between Lm1,000 and Lm1,500 he needed the Environment Minister `s consent.

Any works estimated above that had to go through the Finance Minister who would then issue a letter of approval. It was in the contractor`s interest to get hold of a copy of the letter, he added.

The St Paul`s Bay drainage project was estimated to cost about Lm20,000.

Cassar said he never spoke to the Bonnicis personally about the job but, so far as he remembered, engineer Mangion had spoken to them and informed him they did not have a trencher. The engineer had also told him the Bonnicis had carried out the works for the temporary repairs.

Due to the urgent nature of the situation, he preferred assigning the job to a contractor who possessed all the machinery needed and therefore turned down the Bonnicis.

Replying to a question by the magistrate, Cassar said that if the Bonnicis would have approached him on Sunday and told him they would have obtained a trencher, through sub contracting, by the next day he would have turned down their offer. The only reason being that he wanted someone on Sunday.

"I was in no way obliged towards any particular contractor but I was willing to assign the job to the first contractor who could help stop the drainage leak," he said.

Cassar said he knew Cilia through the ministry and had never heard of any complaints about him.

The case continues.

Police Inspector David Saliba is prosecuting.

Dr Jason Azzopardi and Dr Kris Busietta are appearing for Cilia and Dr Anglu Farrugia is appearing in parte civile.