| The AX Bogey www.independent.com.mt 2 September 2002 Dr Harry Vassallo Chairperson Alternattiva Demokratika - The Green Party www.alternattiva.org.mt AX Holdings has threatened legal action against Front Kontra l-Golf Course for a number of absurd reasons. In a letter, Golf developer threatens legal action (TMID 30 July) I was mentioned by name several times, which invites a suit for libel damages on a number of valid grounds. Contrary to what Mr Xuereb is reported to have said I, Alternattiva Demokratika and no doubt the other 18 organisations forming Front Kontra l-Golf Course (FKGC), have no fear that Mr Xuereb may fail to honour his obligations in what he describes as "a contract" with some of the farmers at Verdala. Our greatest fear is that he might honour his obligation. His proposal is greatly to the farmers' disadvantage as we have described at great length in our written criticism to the Verdala golf course Environment Impact Statement. I deeply resent the libel that I or anyone from AD have forced anyone to participate in "the war" against the golf course. We have never forced anyone to do anything of the kind. We are the only political party in Malta described as non-violent. Given Malta's sad record, we take this very seriously. The so-called agreements between AX Holdings and some of the farmers had a built-in validity period which has now elapsed. Those few farmers who signed have had plenty of time to reflect on the matter. That they also have changed their mind should be no surprise to anyone. The Rabat farmers came to the public consultation meeting to hear what the Malta Environment and Planning Authority had to say following the publication of the EIS. They hoped to quiz the consultants on their work. They never imagined that the MEPA would propose to conduct proceedings in English. It is perfectly understandable that there was uproar. I intervened to propose a postponement of the meeting until it could be conducted in a professional manner. One of AX Holdings' friends attempted to provide simultaneous translation. It was a miserable failure, a humiliation for MEPA. I intervened again proposing postponement until a Maltese translation of the British consultants' summary of the EIS was available. Angelo Xuereb attempted to make the translation himself. His offer was noisily refused by the audience. No surprise. The farmers' good faith showed when Mr Grech was recruited from the consultants' bench and was calmly accepted by the farmers present. If AX Holdings tried to do to me what it proposes to do to the farmers it can expect much worse than a few raspberries. Antoine Vella, the lecturer described as a "victim of mayhem" by AX Holdings, was one of the only two people who attended the public consultation to speak in favour of the project. Mr Vella spoke twice, advocating an insensitive neo-liberal eviction of the farmers in the name of greater efficiency in agricultural production. He earned a few cat calls the first time round. He was allowed to speak a second time. The groups forming FKGC came to hear what the consultants had to say. Their criticism of the Environment Impact Statement has been made in writing to the MEPA. There was no call for the FKGC to be present en masse at the public consultation meeting. The demonstration was held the following Saturday in Valletta. Rabat mayor Rudolph Grima called on the government to end the golf course cliff-hanger and make it clear whether it is prepared to overcome all the legal obstacles to the project. He blamed the government for the painful uncertainty in which both developer and farmers have been left for several years. It was a legitimate comment. AX Holdings does not own the land it proposes to develop. The land is held by the government under its agreement with the Holy See and is subject to a number of agricultural leases. Agricultural leases may not be unilaterally ended by government unless the President declares that the land is required for a public purpose. The golf course is a private development. Phoney presidential declarations have been made in the past and have been defeated in court. The treaty between the Holy See and the Republic of Malta has been enshrined in the Ecclesiastical Entities (Properties) Act which under Art. 2 imposes an obligation on the government to use the land in question "to promote the safeguarding of the environment and the development of agriculture, and to meet the country's most pressing social requirements such as social housing and public utilities, as well as for humanitarian, educational and cultural purposes". The 1997 policy paper on golf course development in Malta states clearly that golf courses should be restricted to "derelict land of no ecological importance" and "the development should not result in the loss of good quality agricultural land and not be currently used for agriculture or have an agricultural value". The Verdala golf course Environment Impact Statement itself describes the areas of ecological importance on the site and classifies the land as of prime agricultural value. It doesn't take a legal luminary to figure out that AX Holdings has been trying to put a square peg in a round hole for several years. If the comments at the public consultation meeting were "irrelevant, out of context or erroneous" AX Holdings was only exposed to them for a few hours. The farmers and FKGC have been exposed to years of diabolical persistence by AX Holdings in its misguided attempt to create a golf course where the country's laws, the Structure Plan, MEPA policy and basic common-sense must inexorably classify it as irrelevant, out of context and erroneous. I had no need to speak at the public hearing except to remedy the absurdity provoked by the use of English in a mainly Maltese-speaking community. The threat of legal action is a double-edged sword. AX Holdings' persistence in this legally and environmentally unsustainable project and MEPA's failure to throw it out on its ear at the outset, have occasioned considerable expense and loss of earnings by the people engaged in FKGC, and a suit in damages is an attractive prospect which may also act as deterrent for future zany development projects. Clearly if this application is approved MEPA will have no power to prevent golf development anywhere in Malta or Gozo. Should the unthinkable happen and the MEPA board choose to ignore all the insurmountable legal and planning policy obstacles in the path of this development, AD will demand the fullest investigation. Should it transpire that a permit was granted through the suborning of any person in authority, not only shall AD demand the just punishment of the offenders but also the invalidation of any permit granted and the reversal of any development made at the developer's expense. This is no empty threat. It is a solemn and legitimate promise. All rights to sue for libel damages with regard to the report in question are reserved. |
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