Three contractors acquitted of charges related to illegally dumping construction waste had their judgment confirmed by the court of Criminal Appeal today.

The Court of Magistrates, in 2006, arraigned Anthony Bezzina, Salvu Ellul and Charles Polidano separately. The three are directors of Bezzina Maritime Services Ltd, Elbros Ltd and Polidano Brothers Ltd respectively. They were accused of having illegally dumped debris created by construction works at the Malta Freeport, in violation of then-MEPA and Maritime Authority permits.

After the three men were acquitted in 2013, the Attorney General filed an appeal.

In the judgment delivered today, Mr Justice David Scicluna made note of the fact that statements were released to the police without the assistance of a lawyer. Such a move calls into question the probatory value of the statements, as had come about in the Borg v Malta case before the European Court of Human Rights. Mr Justice David Scicluna declared the documents inadmissible in view of the fact that the accused’s statements had all been taken without the assistance of a lawyer.

The court also took into account the fact that the maritime and planning authorities' permits had been for the dumping of waste from dredging - and not excavation - in a dedicated area of the sea off Valletta.

On the basis that there was insufficient evidence to prove that construction waste, as opposed to dredged material had actually been dumped, the Court of Appeal upheld the decision of the court of first instance. Subsequently, it had been definitively proven that the developers were dumping in the zone outlined in their permits.

Lawyer Jason Azzopardi appeared for Anthony Bezzina, whilst lawyers Michael Sciriha and Beppe Fenech Adami appeared for Charles Polidano and Salvu Ellul, respectively.