Nadur farm­ers lose le­gal bat­tle with parish priest over new ceme­tery

Malta Independent - - NEWS - Ju­lian Bon­nici

A group of Nadur farm­ers yes­ter­day lost their le­gal bat­tle against the parish priest of the lo­cal­ity and the ad­min­is­tra­tor of the Gozo Cathe­dral for the dam­ages suf­fered by them fol­low­ing the con­struc­tion of a new ceme­tery.

The case in­volved lands on the clay slopes near Nadur owned by two fam­i­lies, Cas­sar and Camil­leri. The ap­pli­cants claimed that the area, known as Ta’ Ghajn Qasab, used to ben­e­fit from a con­tin­u­ous spring wa­ter sup­ply from the nat­u­ral aqui­fier, which was col­lected in two reser­voirs which sup­plied their fields.

In Jan­uary 2004, MEPA ap­proved the de­vel­op­ment of a new ceme­tery above the fields de­spite of the protests of en­vi­ron­men­tal NGOs and lo­cal farm­ers.

The de­vel­op­ment meant that the con­crete would con­tam­i­nate and in­ter­rupt the wa­ter sup­ply and in turn the crops.

Mag­is­trate Joanne Vella Cuschieri told the court that the farm­ers did not have the dec­la­ra­tion of own­er­ship of the land over which the ceme­tery was built.

The court also noted that the work per­mits had been is­sued by the for­mer parish priest Mgr Saviour Mus­cat. In fact, Fr Jimmy Xerri had be­come the parish priest of the lo­cal­ity af­ter 75% of the works had al­ready been com­pleted.

The court ruled that Fr Jimmy Xerri was not per­son­ally re­spon­si­ble for the dam­age caused by the de­vel­op­ment of the new ceme­tery since there had been in­suf­fi­cient ev­i­dence to prove this.

The court re­jected the claims of the ap­pli­cants and or­dered them to pay the cost of the suit.

Newspapers in English

Newspapers from Malta

© PressReader. All rights reserved.