Dominic Micallef, the developer of the proposed Mistra disco, this morning explained in court how Nationalist MP Jeffrey Pullicino Orlando had offered him two sites for a disco before coming up with land at Mistra.

Mr Micallef was giving evidence in court in the case against Tony Mifsud, a former member of the MEPA Development Control Commission, and Philip Azzopardi, chairman of the same commission.

He said that in 2005 he had tried to open a project at Splash and Fun but, for some reason or other, permission was not granted. His gut feeling was that competitors in the entertainment industry tried to sabotage him.

He then looked around Malta for a site to develop, preferably in the North, since it was upmarket.

He met Jeffrey Pullicino Orlando at a political activity and spoke to him about finding such a site. Dr Pullicino Orlando told him he would help him to find a place. At first he thought he was bluffing because he had contacted various MPs on both sides of the House who used to promise him help but never did. But Dr Pullicino Orlando called him again and offered two places, one at Rinella Movie Park and one at Ta' Qali.

Mr Micallef said he declined both because there was another club at Ta' Qali already, and Rinella movie park was in the south and he wanted something upmarket in the North.

Dr Pullicino Orlando then told him about his own land in Mistra.

Mr Micallef said this site impressed him when he saw it, as it suited his ideas.

It was agreed that he would rent the property for 15 years at Lm15,000 a year, but he did not want to sign anything with Dr Pullicino Orlando until development permits were issued.

Mr Micallef said he then spoke to architect Paul Camilleri so that he could start the application process. The application was made in the name of his (Mr Micallef's) cousin because he wanted to avoid the sabotage he suspected at Splash and Fun.

Mr Micallef said he had explained to Mr Camilleri that this would be an open area. Some 55 per cent would be a green area and the rest would include a platform of not more than 1.3m off the ground for 500 people.

He had told Dr Pullicino Orlando about his ideas and that it would be a VIP club in the North and Dr Pullicino Orlando signed the application for an outline permit as the owner of the land.

Once the application was submitted to MEPA he was asked for a compliance certificate from the Malta Tourism Authority.

The MEPA board met several times over a period of two years, repeatedly asking for more information on the project.

Mr Camilleri then recommended George Micallef as a consultant to draw up the report, which was duly submitted to MEPA and the MTA.

Mr Micallef said that over the two-year period he had phoned Dr Pullicino Orlando several times asking him to check on the progress of the application.

Mr Micallef said he had not been pressing for a 'yes' but for a 'yes or no'. He just wanted an answer because time was money and he had other options in Malta and abroad.

In November 2007, Mr Camilleri informed him that the outline permit had been granted subject to a lot of conditions which involved a change of plans.

Mr Micallef said he then drew up a contract with Dr Pullicino Orlando. A problem they had discussed was parking, and Dr Pullicino Orlando said he would give him another piece of land for parking. Dr Pullicino Orlando had bought this land while the development application was being processed.

Mr Micallef said that some two days later the proposed development featured in political speeches. Dr Pullicino Orlando called him and asked him to withdraw the application and they agreed to stop the application one week before the election.

Asked why he had withdrawn the application when there was nothing wrong, Mr Micallef said he felt he should cooperate with Dr Pullicino Orlando, who was the owner of the land.

Daphne Carla Agius, a MEPA Planning Officer, said she had initially refused the development application as it was not seen as being sustainable. However there were occasions when applications were refused by case officers but then approved by the board.

Silvio Farrugia, Assistant Director (Development Services) at MEPA said Dr Pullicino Orlando had attended meetings between liaison officers, which were normally attended by interested parties, notably when applications were turned down. At one of those meetings he had explained the conditions imposed with the outline permit, and Dr Pullicino Orlando looked visibly unhappy.

The case continues.

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