The Constitutional Court has rejected a case filed by hotelier Michael Zammit Tabona concerning the quarantine measures he was subjected to during the COVID-19 pandemic.

Zammit Tabona had filed the case in the First Hall of the Civil Court (Constitutional Jurisdiction) against the Superintendent of Public Health and the State Advocate. In his claim, he stated that although he had received two doses of the COVID-19 vaccine, he had chosen not to take the booster dose, believing he had sufficient immunity.

He argued that as a frequent traveller, he was repeatedly forced into quarantine upon returning to Malta, which he claimed was a breach of his fundamental rights.

The case was presided over by Madam Justice Anna Felice, who unequivocally declared that Zammit Tabona was not in the right.

The court heard testimony from Superintendent of Public Health Prof. Charmaine Gauci regarding the public health measures that had to be implemented in response to the pandemic. It also considered evidence from Prof. Neville Calleja, Director of Health Information and Research, who explained that the Omicron variant was three times more infectious than previous strains, rendering the first two vaccine doses less effective.

Prof. Calleja testified that the initial vaccine rollout prevented an estimated 353 deaths in Malta, and that the administration of the booster dose, along with travel restrictions, helped avert around 700 additional deaths.

Justice Felice also commented on Zammit Tabona's statement that the measures were the result of a "self-induced state of panic by the state", describing this remark as contemptuous. She said it showed total disrespect towards the hundreds of professionals who sacrificed their health to combat the pandemic, as well as for the many people who died alone during that period.

She emphasized that the whole world witnessed processions of coffins in other countries, as well as hospitals being overwhelmed and forced to ration ventilators due to the surge in patients.

For these reasons, the court dismissed Zammit Tabona's request for a declaration that his fundamental rights had been violated.