The Malta Independent 6 June 2026, Saturday
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Conflicting interpretations on maximum noise level in Palumbo case made in court

Kevin Schembri Orland Wednesday, 3 February 2016, 18:03 Last update: about 11 years ago

The final evidence in the Palumbo noise complaints case was presented today, with a small debate arising over whether the maximum noise level threshold at night, as per the World Health Organisation standards, is considered to be 30db or 40db.

Three representatives of the Palumbo Shipyards were arraigned in court recently, after complaints regarding incessant noise at night were filed by Senglea residents.

The Court appointed expert said that he established standards for night time noise, as per the WHO stood at 30db, while the defence argued that the WHO said that adverse effects would not be noted below 40db.

Palumbo director Joseph Calleja, Francesco Domenico Impollino as captain of the vessel Hamal and vessel inspector Saverio Velluci - were charged in court over the noise pollution following a criminal complaint filed by a representative of the Senglea Residents' Association.

Engineering professor Joseph Agius was appointed by the Court to test the noise levels in the area, went on site yesterday between 11.30pm and 2.45 am, and delivered his testimony in court today.

He visited the Hamal tugboat, where the noise is allegedly emanating from, and took readings both outside the boat, as well as inside the generator room. From inside the generator room, a level of 160 db was recorded.

Readings in the streets around Isla varied from 49db to 53db he said.

In Anna Spiteri's home (one of the residents who complained), he took readings in the bedroom, with the reader placed by the window while the window was open, showed the noise level to be 46.3db. Placed on the bed with the window open, the reader read 33.8db.

He said he has no doubt that this was constant noise.

Rita Vassallo's home saw the highest noise levels. With the window open, and the device placed close, a reading of 47.8 db was registered. On the bed with the window open, a 44.1 db reading was registered. With the window closed, a 29.9 db reading was registered.

Paul McDonald's home registered a 47.4 db level with the window open - 40.5 db when the device was on the bed with the window open.

Professor Agius could not distinguish between the noise coming from the Hamal, situated on Dock 5, or the Grande Argentina, situated on Dock 6. He believed the Grande Argentina to have its generator on, however did not take readings inside.

He said that when there are two objects generating noise at the same frequency, it becomes hard to tell which one is louder. The Court heard how the Grande Argentina is a larger ship, and thus has a larger generator.

He told the court that he avoided cars that were passing by in order to get the best readings. He told the court that he was using the WHO set 30dba standard. When asked how many ships there were with generators on that he noticed, he mentioned three. The aforementioned two, as well as a superyacht, the Serene, which was not located in the Palumbo Shipyards.

Asked about the number of ships at the port at the time, he did not know. This number was later revealed by the defence to be just above 110.

In their concluding remarks, the defence argued that Jesmond Bonnici, one of the witnesses in the case, had believed with 99% certainty, that the noise came from the Grande Argentina, and not the Hamal tugboat. The Defence said he was the more credible witness.

Magistrate Aaron Bugeja than said that Dock 6 forms part of Palumbo shipyard, at which point the defence said that the charge sheet specifically mentions dock 5, and the court cannot go beyond that.

He also argued that the area in question lies within a port and thus it is expected to hear ships as well as other noise that form part of the port functions. "It has been established by the expert, that it is impossible to establish if the noise was coming from ship a or b".

The defence argued that with the window closed, the noise reduces by 24db, and that nobody keeps their windows open in January.

Lawyers Matthew Brincat and Abigail Bugeja appearing for the Defence, and Inspector Josric Mifsud prosecuting


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