The skies over Birzebbuga's annual parish feast this past weekend were quieter than previous years after a court injunction blocked the locality's feast enthusiasts from launching most of their aerial fireworks.

The injunction was issued after the owners and operators of fields adjacent to where the locality's fireworks were launched claimed to have suffered over €100,000 in damages as a result of a fire caused by fireworks on Thursday 30 July.

They took the matter to court, and the courts issued an injunction blocked fireworks from being launched at that site.

This court injunction did not relate to ground fireworks (ċikċivogi).

The court application which was filed seeking the injunction, seen by The Malta Independent, noted that "extremely serious incidents occurred" on Thursday 30 July, as a result of fireworks launched for the feasts' final preparations.

It was presented on the Friday prior to the feast celebrations on the basis that other remedies were sought before being advanced to these court proceedings, as well as because it was deemed "the only effective remedy" left to be used in order to "avoid serious and irreparable prejudice."

It was then issued by the courts on Saturday, 1 August. A compromise that allowed some fireworks to be launched for the feast was eventually reached. 

What led to the injunction?

The court application sought the injunction to be in place until "concrete guarantees" are in force so that no harm or prejudice is caused to third parties any longer, as the applicants said that this was not the first such incident to happen as a result of the town's fireworks.

The applicants said that this does not, in any way, request for the village feast not to be held.

The request for the injunction, which was filed by lawyers Ishmael Psaila and Amadeus Cachia stated that Thursday's fireworks resulted in "well over" €100,000 in damages, according to a preliminary estimate.

The application observed that this preliminary estimate did not take into account any indirect economic losses, environmental damage, or subsequent consequences to agricultural activity.

The claimants said that these damages were serious enough for a criminal inquiry to be opened, under Magistrate Philip Galea Farrugia, who appointed several experts to investigate the causes of the incident, the damages incurred, how they came about, and the eventual responsibilities.

The court injunction was requested by people owning and/or occupying farms, fields, dwellings, and properties located within "the immediate perimeter of the site" from which aerial fireworks are launched annually on Birzebbugia's feast, for St. Peter in Chains.

"Their properties, their agricultural activity, their livestock, their machinery and even their physical integrity are directly exposed to the risks resulting from the way in which this fireworks display is being organised and executed," the court application read, also listing vehicles, agricultural produce, crops, and "other material that could easily catch fire again," as occurred on Thursday, later on.

In addition, this continued that "the potential consequences are not limited to economic damage but can, in fact, lead to serious injuries or even loss of human life."

The court ruled that "the danger invoked by the exponents is imminent, real and concrete and not merely possible or remote," citing "several consecutive years" where these nearby properties faced fires and damages as a result of these fireworks, on top of the significant damages caused last Thursday.

The court stated that, according to what was observed and from evidence yet to be presented, these high danger levels have come about after "a significant number of fireworks failed to reach the height at which they were intended to explode." This resulted in them falling back to the ground or exploding at a low altitude and subsequently setting alight the fields, farms, and private properties in the vicinity.

The application said that the pyrotechnic associations were not conducting the safety procedure of spreading water on certain surfaces before a fire can start, for cases when winds are present while fireworks are being launched.

Many of the fireworks were being launched from fields along a road, less than 170 metres from the nearest habitable building, rather than from designated chambers.

The application continued that "this phenomenon cannot be considered an isolated episode or as a simple fortuitous accident, but is a clear symptom of a structural risk that has been occurring year after year and that to this day has remained without effective remedy despite the various interpellations made by the exponents where all this has remained and continues to fall on deaf ears."

The application continued that beyond property damage, this situation poses a danger to public health and safety as "several people live and work daily within the perimeter where burning embers fall."

The parties filing the injunction wished to stress that this request for court order "should in no way be considered an attempt to hinder or prejudice the titular feast of St. Peter in Chains." They said that they love the feast, attend it, volunteer in it, and participate fully in it as residents themselves, "however, the freedom to organise celebrations should never be exercised in a way that violates or endangers people's fundamental rights or exposes them to preventable and avoidable harm."

The exponents stated that they attempted every possible remedy, over past years, to resolve this matter amicably before requesting the court's intervention. However, they said that "either no response was given or no effective measures were taken to reduce the danger," resulting in the burning of vehicles, agricultural products, and other materials last Thursday, the court application observed.

It continued "that prima facie, the exponents have a clear right that their property, their livelihood, and their safety are not compromised by an activity that has already caused repeated and documented damage over the years" as well as last Thursday.

Therefore, it was suggested that since no preventive measures have been taken to avoid further damages from being incurred, the court should consider that damages may be induced once again through subsequent fires should fireworks be allowed to be launched during the official village feast celebrations.

Given that such danger was noted to be "immediate, concrete, and imminent," with the launching of fireworks scheduled for the village feast, the affected parties argued that the same consequences will repeat themselves.

The court application read that property damages may not always be compensated with monetary funds, "while any injury or loss of life is irreparable."

Statements issued by the band clubs, politicians

After the court order was issued, both affected band clubs and their respective fireworks departments published their own statements on this matter.

The Soċjetà Filarmonika San Pietru Banda Birżebbuġa A.D. 1990 stated that it filed an appeal to this decision on Sunday, 2 August but that the Court ordered for this court injunction to be upheld until then.

The statement continued that the band clubs were allowed to set off 4-inch fireworks, and the club stated that it was in full conformity with with Maltese laws.

It thanked the Prime Minister and Environment Minister Miriam Dalli for their assistance in finding it an alternate site from which the fireworks could be launched.

The Għaqda Mużikali San Pietru Fil-Ktajjen Birżebbuġa A.D. 1957 informed Birzebbuga residents that it could not fire all the fireworks planned during the annual village feast earlier this weekend and that its fire commission would burn its materials in a reduced manner, in conformity with what was issued by the court.

Following this court order, Culture Minister Malcolm Paul Agius Galea wrote on Facebook that he was closely following this situation and that he was in contact with the parties involved. He added that he will remain available "to protect Maltese hobbies," while hearing out residents and their concerns.

The Opposition's Shadow Minister for Planning and Lands, Birzebbuga native Stanley Zammit, expressed his solidarity with the affected pyrotechnics whilst showing respect to all those who have suffered damages as a result of feast fireworks. The PN MP noted regret that this year's Birzebbuga feast was celebrated "with major restrictions regarding fireworks."

However, he also stated that "the Government has missed several opportunities to safeguard, in a tangible manner, the customs that make our festivities unique and, simultaneously, has failed to create the necessary protection for all those who could potentially suffer."

Zammit said that "We will continue working so that feasts can continue to be enjoyed to the fullest and so we have a holistic legal framework to protect our traditions while protecting anyone who may be affected by them." Zammit then thanked all volunteers on Monday morning for contributing to the feast that people were able to enjoy this past weekend, despite the absence of fireworks.

PN MP Toni Bezzina, who also represents the district, similarly noted that a feast is only complete with its internal and external celebrations, which include the traditional fireworks display.

Bezzina said that, as the procession of the statue of Birzebbugia's patron saint, St. Peter, was not accompanied by the annual fireworks display as per usual, "all the nice words that feasts are part of our country's cultural heritage are in vain, if we are not ready to safeguard them."

The Opposition MP stated that, as he has been saying for years, "the celebration of our feasts, as we know them today, is under threat." He said that he tabled a parliamentary motion just last year for legal amendments to be introduced and for such safeguards to be instilled into Maltese laws, though the government opted to vote against it.

"I hope that common sense will prevail without further delay, so that what the people of Birzebbugia have gone through is not experienced by residents from other villages," MP Bezzina said.

The Birzebbuga Local Council, which holds a strong PL majority of six PL councillors from nine, did not comment on the legal proceedings themselves, though it expressed its solidarity with the two Birzebbugia pyrotechnic associations.

"We understand that this is a difficult situation for all hobbyists and for all those who make great sacrifices throughout the year to see the fruits of their labour during the feast week," the Birzebbugia Local Council said, "We hope for this situation to be resolved in the best interest of all parties involved, while we urge for respect, calm, and unity to prevail for the good of our community."

Injunction may have caused precedent, sources say

Sources within the Maltese pyrotechnic community told The Malta Independent that this court action may very well have set a precedent affecting village feasts around the country moving forward.

These sources told The Malta Independent that Maltese laws and relevant subsidiary legislation clearly state that, from the moment the fireworks leave the factory, the person responsible for them is the one who signs the licensed permit for their use, granted by the police.

Hence, they questioned as to why the band clubs and their respective fire commissions were impeded by the court's injunction, rather than the permit signatories.

They also said that the permit signatories were never called upon to testify before the court - something they, procedurally, disagreed with.

They said that the pyrotechnic community has been in talks with several ministries since 2025 to ameliorate this situation for all parties and to better promote this side of Maltese culture.

For the latter, they shared how there are ongoing discussions for an internationally accredited ITS diploma to be introduced on pyrotechnics, as well as courses, valid for five years, to complement the licensing of personnel.

They concluded that whilst promoting education on this subject, it is envisioned to promote both the compliance of fireworks with national regulations while upholding public safety.