Moviment Graffitti and Arnold Cassola have filed a Constitutional case regarding the controversial Fortina catamaran ferry permit in Balluta which is destined to change the swimming bay’s nature to a commercial port like the one in Sliema.

Plaintiffs are challenging the refusal to suspend the permit while the appeal is still ongoing, resulting in an unfair procedural advantage for the applicants and in a disadvantage and an impingement upon appellants’ right to accomplish an effective remedy.

In addition, plaintiffs are also challenging the Environment and Planning Review Tribunal’s decision to refuse the suspension of the permit on the basis that it was made by a Tribunal chaired by a Planning Authority’s employee – one of the parties to the case.

“The appellants do not have a guarantee that the Tribunal is impartial and independent – if it is presided over by a Chairperson who is the employee of a party to the case. Even this Constitutional right is being denied to appellants – which is why they are challenging this unjust practice” said a spokesperson.