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Construction magnate Charles Polidano, also known as Ċaqnu, yesterday appealed the €100,000 fine he was given for cutting down protected trees, arguing that there was no evidence he had been involved.

The proceedings should be declared null because a private lawyer, Reuben Farrugia, had practically conducted the prosecution when he had no official role, Mr Polidano’s lawyers, Michael and Lucio Sciriha, said. They insisted that Dr Farrugia was not representing the Malta Environment and Planning Authority nor was he there as a party to the case.

Mr Polidano was fined on July 3 by Magistrate Anthony Vella who said the court felt that the environment should be protected in the strictest possible way.

The people’s livelihood depended on achieving a fine balance, which was why the law imposed tough penalties on those who committed crimes against the environment, he added. In this case, the accused had ignored the scheduling of a property, an emergency conservation order and an enforcement notice issued by Mepa. This showed lack of respect for the authority and the law. Such an attitude needed to stop once and for all, the magistrate said.

In the appeal, the lawyers argued that the judgment was summed up in one paragraph and the reason given for handing down the fine was inadequate according to law.

The judgment did not contain essential elements such as the submissions raised by the parties or evidence tendered by the prosecution.

Mr Polidano’s lawyers said that their client had not been linked to the site and was not the person who was responsible for it, let alone the one who caused the damage.

They argued that he had been targeted by the prosecution and this was evident by the way they presented the evidence.

Mr Polidano reserved his right to take action on how the procedures were originally initiated and the way he was treated in the case.