Appeals Court confirms acquittal of MEPA officers in Mistra case

The Court of Appeal confirmed the judgement delivered by the Criminal Court in which two former members of MEPA's Development Control Commission were acquitted of exercising private interest in the adjudication of an outline permit for a discotheque in Mistra.

On the eve of the March 2008 election, the Labour Party alleged corrupt practices in the permit issued to then Nationalist MP Jeffrey Pullicino Orlando.

After a three-month investigation, the police arraigned Philip Azzopardi and Anthony Mifsud. However in November 2009, the court cleared the two accused, saying the prosecution failed to prove their offense.

Furthermore, "the accused were of professional integrity", the court had said. Evidence exhibited in court proved the two men had no interest in voting in favour of the permit, which did not lead to the development. The Attorney General appealed judgement.

Mr Justice Michael Mallia, held the first court had carried an accurate and in depth academic study in what constitutes 'private interest'.

"The Court of Appeal finds nothing to alter or censor in the judgement of the Criminal Court. The Magistrate's decision is legally correct and academically justified", the judge said.

Mr Justice Mallia rejected the AG's appeal and confirmed the acquittal of Philip Azzopardi and Anthony Mifsud.