A court has found eight members of the Naxxar Peace Band Club not guilty of illegalstorage of explosive material after it ruled that none of them were aware or had anything to do with festa fireworks found hidden in the club basement.

The discovery was made on 3 May 2008.

Club Secretary Vittorio Gauci, 60, president Carmel Grech, 57,Anthony Cauchi, 50, a band delegate,Joseph Martin Camilleri, 69, a cashier, Raymond Chetcuti, 55, a committee member in charge of NGOs, Louis Bugeja, 30, director of the youth section, Edward Azzopardi, 35, assistant secretary and Mary Chetcuti, 47, Women’s section director, were charged with illegal importation, storage and possession of fireworks.

Ivan Gauci, 30, David Sammut, 31, Joseph Buhagiar, 56, all from Naxxar, were also accused in the case but have since launched constitutional proceedings and their case is being heard separately. In 2010, club administrator Mark Agius, 41, of St Paul’s Bay was jailed for two years for illegally storing fireworks at the club. He filed an appeal, which is still pending.  

Inspector Nikolai Sant told the court that, following the 12 March explosion, the police were tipped off about explosives stored at various locations. On 3 May the police searched the band club and found a hidden room behind a cupboard in the basement. There were several boxes inside. The army’s Explosive Ordnance Disposal (EOD) was called in and Captain (now Brigadier) Jeffrey Curmi found a number of boxes filled to the brim with firework-related material. There were materials used in both ground and air fireworks.

All of the eight accused denied knowing about the fireworks and claimed they did not have a key to the basement. Investigators were told that Ivan Gauci, David Sammut and Joseph Buhagiar – the three men who filed a constitutional case –as well as Mark Agius, the former club administrator, had a key.

The court, presided by Magistrate Consuelo Scerri Herrera, found the committee members not guilty of the charges brought against them. The court noted how none of the accused, apart from President Carmel Grech, had a fireworks licence. None of them were involved in the production of fireworks or in the storage of the explosive material in the basement. None of the accused had a key to the basement and all were unaware about the existence of the fireworks beneath the club. Their roles in the club were also unrelated with fireworks. The court said the prosecution had simply arraigned the accused for the fact that they were members of the club committee but failed to prove a link between them and the explosives. All eight were acquitted.

The court heard how Paul Camilleri, 47, who died in the 12 March explosion, attended the club but was not a committee member. In fact, the fireworks he produced had nothing to do with the Naxxar feast or the club and it is suspected that they were meant for a possible Labour Party electoral victory that same year.  The explosion at Triq Hal-Dejf left two dead – Sina Sammut, a 35-year-old mother of two, and Mr Camilleri. Three houses were completely destroyed and a number of others were heavily damaged. 

Lawyers Joe Giglio, Arthur Azzopardi and Martin Fenech appeared for the committee members. Inspectors Nikolai Sant and Elton Taliana prosecuted.