The controversial issue over Transport Malta’s building of a water’s edge restaurant in Ta’ Xbiex, under the guise of a Capitainerie for the Gardens Marina, has escalated further through a new appeal filed in court.

A group of Ta’ Xbiex residents and the environmental NGO Fimkien għal Ambjent Aħjar (FAA) asked the court to revoke Transport Malta’s permit issued in 2022. The organisation argued the permit was issued illegally, against policy and the area’s local plan.

The residents insist that the Planning Authority (PA) has misinterpreted the law to justify the water’s edge development and intentionally used the wrong policy.

They also accused the authorities of giving a permit for an unnecessary building in an area designated as a public open space to accommodate the marina’s private operators, who also happen to be close friends of Prime Minister Robert Abela and his wife, Lydia. In fact, Abela’s yacht is at the marina.

The appeal, filed by lawyer Ian Stafrace, a former CEO of the Planning Authority and associate of Robert Abela at his former private legal office, called on the court to revoke the permit and stop the ongoing works.

The Shift has already reported that work on the Capitanerie project had begun, despite the prime minister’s pledge that developments linked to permits appealed should not move ahead until a final decision is made.

However, the law suspending works under appeal, promised by Abela in May 2023, has yet to be implemented.

The controversial permit for the Capitainerie was issued in 2022.

Despite the fact that the project will only serve the interests of the private company, given a 25-year concession to manage the marina in 2018, it is being coordinated by Transport Malta.

The regulator’s CEO, Kurt Farrugia, is listed as the project’s owner. The Shift’s questions about who was financing this project, its costs, and what type of procurement was used to choose the architect, design the plans, and execute the project have not been answered despite being sent weeks ago.

PN MP Albert Buttigieg tabled similar questions to Transport Minister Chris Bonnet in parliament, but they have also been ignored. The minister told parliament that a reply would be provided in future.

The Capitanerie project is an excuse for a large waterfront restaurant to be operated by the marina’s private concessionaires. It consists of a large indoor and outdoor restaurant, a small office space for marina management, and a shop.

Paul and Mark Gauci, known as ‘Tal-Gedida’, are the marina’s operators.

Brothers Paul and Mark Gauci, known as ‘Tal-Gedida’ from Birkirkara, are the brains behind the project and the marina concession.

They spend time with Robert and Lydia Abela during the summer on their luxury yachts. They are also very close to Oliver Magro, placed at the helm of the Planning Authority by Robert Abela.

They have various other business interests, including the importation of luxury second-hand cars, the running of the Sky Spirit gym at the airport, which Abela also attends, and property development.

They are joined by two other directors and shareholders, Patrick Satariano and Matthew Fiorini Lowell. Both are in the yachting business, among other interests.

The Shift reported that Prime Minister Abela moved his €300,000 luxury yacht from Birgu to a new berth at his friend’s Ta’ Xbiex marina just a few weeks ago.

When asked whether he was paying for his new berth, estimated to cost around €15,000 a year, or whether it was a gift from a friend, the prime minister did not reply.

According to the latest published accounts, the Gardens Marina registered a pre-tax loss of €236,000 in 2021.

The restaurant being built by Transport Malta will be passed on to them once completed, boosting the company’s turnover.