A Mellieha couple filed a judicial protest in court yesterday, claiming that, following the construction of a public garden, the basement of their house is flooded during bad weather.

James and Marlene Gouder filed the protest in the First Hall of the Civil Court against Mellieha local council and the developer, Carmel Vella Ltd.

Mr and Mrs Gouder explained that, in 1996, a public garden called Dun Anton Debono Garden was built opposite their house in Tony Pace Road and, as a result, the camber of the road had moved towards their house.

However, they said, whenever it rained, the rainwater from three different roads accumulated in their road and large volumes of water began to seep into their basement, causing substantial structural damage to the house, the items in the basement and the cars parked in the road.

The Gouders informed the Works Department by a letter dated 20 February 1996 and received an acknow-ledgement dated 9 March 1996.

However, in a letter dated 13 March 1996, the Roads Department within the Transport, Technology and Communications Ministry informed them that, since the complaint concerned work carried out on an asphalted road, it fell under Mellieha local council.

As a result, the Gouders sent a copy of the original letter to Mellieha local council and received an acknowledgement.

After a number of years, the local council commissioned Carmel Vella Ltd to carry out work in Tony Pace Road, and discussions were held to change the camber back towards the public garden.

Mr and Mrs Gouder explained that they had discussions with a representative from Carmel Vella Ltd, who agreed to keep them informed about the work and assured them that the new layer of asphalt would solve the problem.

However, they said, the problem had not been solved but had been made worse after the work was completed, with a steeper camber towards their house.

The couple pointed out that when there was a light rainfall at the beginning of June, the basement was flooded and there would have been a considerable amount of damage, had they not been at home to control it.

In the letter, the Gouders said there is a real fear that the basement will be flooded as soon as it rains, which will cause structural damage to the property that could easily run into thousands of pounds.

Furthermore, they pointed out that they are unable to leave their house when there is bad weather or have to go back to ensure that the basement is not flooded.

The couple said that it is evident that the asphalting in Tony Pace Street was not carried out properly and had damaged their property.

Mr and Mrs Gouder called on the local council and the developer to carry out the necessary work to change the road’s camber towards the public garden, thus safeguarding their property and pay for the damages they already suffered.

Dr Aron Mifsud Bonnici and Dr Sharon Mizzi signed the writ.