Portelli insists court decision on illegal penthouses is just ‘an interpretation’ of the law

Developer Joseph Portelli considers the Court of Appeal’s decision to declare a row of penthouses he built in Sannat illegal as just “a different interpretation” of the law, defending the Planning Authority’s decision to ignore the ruling.

Referring to his Qala ODZ pools, which were part of a mega project and declared illegal by the Court of Appeal, Portelli insisted in a letter to the editor published by The Times of Malta that they were not given electrical and water meters. Instead, he said, the pools were through “a temporary meter” provided by Enemalta.

According to current rules, water and electricity should only be supplied to legally built buildings once an architect presents a compliance certificate to the authorities.

This did not happen in Portelli’s case, as his pools were illegal, but he was still given electricity to operate them. Despite his illegalities, Portelli’s pools are still connected to the grid and powered by Enemalta.

It is unclear how long the “temporary supply” will last.

Criticising columnist Kevin Cassar for calling his row of penthouses in Sannat illegal, Portelli said that it was not true that the court declared them illegal and that they should be dismantled. Yet the court’s decision is unequivocal. It ordered the permits revoked.

“The court simply gave a different interpretation to how the Planning Authority is interpreting penthouse policies,” Portelli insisted.

He added: “The Planning Authority has continued to interpret this same policy in the way it did for our permit,” showing the Authority ignored the ruling by the country’s highest court.

In his ruling last March, Chief Justice Mark Chetcuti declared the Sannat penthouses and two mega pools in ODZ land next to them were issued an irregular permit by the Planning Authority. The court revoked the permit. This was a final ruling, and no further appeals are possible.

The Planning Authority has not issued an enforcement order against the illegally built penthouses and pools.

Enemalta did not reply to questions to justify its decision.

The illegal buildings in Sannat and Qala were built by Excel Investments Ltd, owned by the trio Joseph Portelli, Mark Agius, known as Ta’ Dirjanu, and Daniel Refalo.

                           

Sign up to our newsletter

Stay in the know

Get special updates directly in your inbox
Don't worry we do not spam
                           
                               
Subscribe
Notify of
guest

20 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
KLAUS
KLAUS
1 month ago

We don’t need any justice in Malta.
The new law and order is now called JOSEPH PORTELLI.

This with such nonsense our government is again dismayingly silent, but it also shows the dependence of these special kind of politicians.

Is there anyone here who still thinks that Malta is a democracy?

Last edited 1 month ago by KLAUS
Joseph Tabone Adami
Joseph Tabone Adami
1 month ago
Reply to  KLAUS

The great law-giver Hammurabi come to life.

Edward Sabt
Edward Sabt
1 month ago

Personally I believe Prof Cassar and none of the others.

Karistu
Karistu
28 days ago
Reply to  Edward Sabt

Me too. He is an honest man.

Raymond Farrugia
Raymond Farrugia
1 month ago

So now we don’t need laws and lawcourts because theirs is just an interpretation of the law; a differing point of view! How silly!

S. Camilleri
S. Camilleri
30 days ago

Silly indeed, but tragic, that someone who believes himself entitled like Portelli is allowed to get away with his nonsense and the Chamber of Advocates and the Judiciary Association, usually very loquacious, retain a deafening silence when faced with this egregious challenge to the Rule of Law.

John
John
30 days ago

This smacks of Trump’s Alternative Facts.

Karmenu Psaila
Karmenu Psaila
1 month ago

Once in Hong Kong there was a case like this because the contractor had built an extra floor that was illegal in a block of 30 floors , so the court ruled that one floor has to go down , and it has to be the second floor that must go down , and that gave a lesson to all contractors so it won’t repeat itself.

Mick
Mick
30 days ago
Reply to  Karmenu Psaila

Brilliant, at least they got the courts to action it!

Donald Caligari
Donald Caligari
1 month ago

Dan hasibna bolloh bhalu. Il-qorti qatata li illegali. Biex gej dan il buffu?
ILLEGALI, Portelli. Issa narraw il prim ministru sej jaghmel ????

Karistu
Karistu
28 days ago

Iblah mhuwiex ghax jaf li tieghu se tghaddi. Ghandu l-ministri kollha f’butu, x’tipptetendi?!

Donald Caligari
Donald Caligari
1 month ago

Dear Prime minister for the every day citizen an application relating to minor amendments is overdue by 90 days ,
But Portelli Blatantly interprets the Law together with PA and gets away with illegal pent houses ,
I ask you as my prime minister to interpret the Judgement and let us know what your interpretation is…

Caroline Muscat
Admin
1 month ago

The prime minister does not interpret a court ruling, just as much as Joseph Portelli doesn’t. This is a decision by the Chief Justice.

Betta Ellul
Betta Ellul
30 days ago

I think you mean the Prime Minister isn’t supposed to interpret the law. However, we have seen how Robert Abela seems to think he’s God and frequently interferes in areas he has no business to. His arrogance equals that of Portelli.

Martin Bayliss
Martin Bayliss
30 days ago

Kemm qeghdin sew. Issa ahjar….interpretation of the law.

Kelinu Taghna
Kelinu Taghna
30 days ago

The most troubling issue isn’t that Joseph Portelli disregarded the court’s ruling, but that the Planning Authority and Enemalta did so too to benefit him and the general impunity of all this.

Last edited 30 days ago by Kelinu Taghna
Joseph
Joseph
30 days ago

Erodi ta’ Malta

Oliver Paul Vassallo
Oliver Paul Vassallo
30 days ago

Developer Joseph Portelli projects himself as a deus ex machina, an arrogant and bombastic know-all. And his comment about the Court’s judgement that it is just an interpretion of the law is stupid, to say the least. The Courts decide on the basis of the Law . If the Courts just interpret, they don’t deliver judgement. Unless, of course, a modern day Daniel like Portelli comes to judgement to judge himself and to interpret the Law as it suites him. Obtuse thinking at its best!

Anna maria Baldacchino
Anna maria Baldacchino
30 days ago

Tal biki

Chris stott
Chris stott
29 days ago

Ah Portell – Good to see that he’s now above the courts and the law:

And who in Enemalta Is giving electricity and water for free? There’s another ID card scandal here I’m sure.

Who else is getting free, temporary electricity?

Related Stories

Contracts appeals hearings to resume after long pause
The government’s mechanism for hearing appeals by objectors on
Government panics over possible €15 million bond default
A private company that, in 2016, took over a

Our Awards and Media Partners

Award logo Award logo Award logo