A farmer who was buried under rubble in a fireworks factory blast close to his Kirkop field is seeking damages from the authorities and the factory licensee, claiming none of them have acted to protect his rights.
Eugenio Bugeja was tending to his chickens and rabbits when a series of explosions rocked the San Ġużepp fireworks factory on November 26, 2022.
The blasts killed Leonard Camilleri, 64, a fireworks enthusiast who had been the factory’s licensee for several years.
A piece of metal was lodged in Bugeja’s skin and he was left waist-deep in rubble when a border wall between his field and factory collapsed in the blast.
Despite the incident, the Planning Authority granted the St Joseph Kirkop Band Club permission in July last year “to reconstruct dangerous structures blighted by [a] fireworks factory explosion [that] occurred on-site”.
He argued that some of the structures that were destroyed or partially destroyed in the blast were illegal as they were built after 1994 and without a permit
Bugeja appealed that decision, invoking Article 80 of the Development Planning Act, which allows anyone to ask for the revocation of a permit in cases of fraud, the submission of false information, an error, or where public safety is concerned.
In a judicial protest filed in court, Bugeja has now accused the fireworks factory of applying for the permit “in bad faith” since the demolished structures that it was seeking to replace were not in place before 1994 as laid down in the law.
He argued that some of the structures that were destroyed or partially destroyed in the blast were illegal as they were built after 1994 and without a permit. Under Maltese law, fireworks factory structures built before 1994 do not need a planning permit.
Bugeja claims that the Planning Authority refused to process his application for revocation, coming up with all kinds of excuses. Despite being filed in July last year, it was still pending before the PA.
In the meantime, he said that despite evidence of clear illegalities on site, the Building and Construction Authority never found anything illegal when called.
He argued that the authorities were breaching his rights, as guaranteed by the Constitution of Malta, because he was being deprived of remedies as required by law. He warned them of further action in this regard.
The judicial protest was filed against Prime Minister Robert Abela, Minister for Public Works Chris Bonnet, State Advocate Chris Soler, Planning Authority chairman Emanuel Camilleri, BCA CEO Jesmond Muscat, and Simon Attard and licensee Paul Abdilla in representation of the San Ġużepp fireworks factory.
Bugeja is asking the court to declare a violation of his fundamental rights and award compensation for damages he was suffering.
Bugeja had unsuccessfully asked the courts for an injunction to stop reconstruction, but despite acknowledging the element of danger, Judge Anthony Ellul decided against him because the fireworks factory had a valid planning permit.