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Monday, 19 December 2011

Someone has to take the rap

Posted on 01:17 by Ashish Chaturvedi
Isn’t it amazing, or is it? Deputy Prime Minister and Foreign Minister Tonio Borg did a Fawlty Towers’ Manuel and claimed, “I know nothing” about the goings on in the prison when he was the minister responsible.

This followed a grave indictment issued by a judge sentencing a 40-year-old woman, described as ruling the roost at Corradino, to 12 years in jail and fined €23,000 after a jury found her guilty of having trafficked hard drugs in prison between 2006 and 2008.

Josette Bickle, who ran a drug business for two years selling heroin inside the prison unhampered also had access to a cell where she kept the goods bartered for drugs. The booty included four television sets, DVDs and a sound surround system, among other items.

The high number of visits allowed to Bickle as compared to the other prisoners, and her easy access to drugs could not but indicate collusion with the authorities. Therefore, “she should not shoulder the blame for what had happened alone,” said Mr Justice Michael Mallia.

That is, he expected someone in authority to take responsibility. “This was a system which had failed and was not correctional”, he said. Tonio Borg, who was Home Affairs Minister at the time, immediately did a Pontius Pilate and washed his hands of the shambles by saying he knew nothing about it, which does not say much of his running of such an important ministry.

We have had other happenings, which have warranted resignations from Cabinet ministers this year, but this is by far the most serious. To refer to the prison as a “hot potato” would be the understatement of the year.

Every minister handling that portfolio past and present has had more than their work cut out, but it is no excuse for allowing events to get completely out of hand and reach the stage where a drug lucrative business was being run unhindered at the prison.

The harsh condemnation by the courts pushed the former, long standing chairman of the Prison Board, Mario Felice, to announce that he had warned the minister then responsible Dr Borg and then prison director Sandro Gatt of the prison situation at that time.

He had repeatedly asked the prison authorities to adopt a comprehensive drug policy for Corradino Correctional Facility but the request was “consistently denied”, he said.
Telling Mr Gatt and Dr Borg that the prison needed a comprehensive drug policy was putting it mildly. Yet, the authorities insisted, “there was no significant drug problem”.

Maybe, what they meant was that there was no problem obtaining drugs in prison. “It had become the norm and it was easier to get drugs in prison rather than outside,” Dr Jason Grima, for the prosecution told the court. Except that, according to witnesses the price paid for them inside was highly inflated.

“What’s emerged in the past days is just a snapshot of some of the contradictions in the prison system, which I had warned about some years ago,” Dr Felice said on Friday. He had resigned as Prison Board chairman on Good Friday of 2008 when things came to a head with Sandro Gatt. By which time, Carmelo Mifsud Bonnici had been given the poisoned chalice − the Home Affairs portfolio.

Mr Gatt had placed Melchior Spiteri in a maximum-security cell where he tried to take his own life. He was then confined to Mount Carmel Hospital for 48 hours. When he returned to prison, he was placed in a cell that “was manifestly unsafe and posed risks, both to his health and his life,” Dr Felice had said. When the board issued its recommendations, these were ignored for 30 hours.

This also raises the question of responsibility of the doctors assigned to the prison. Did s/he also make recommendations to the authorities? Dr Felice had also declared that certain prison inmates received preferential treatment with the blessing of Mr Gatt. One prisoner, Leli “Il-Bully” Camilleri, was said to “run the show in prison”, with other inmates going through him to access certain prison facilities such as prison leave.

“It’s pointless having a board that observes things, yet powerless to do anything about it. I have given this a lot of consideration, but there comes a time where you’re either complicit, or you have to call a spade a spade and let the authorities face the reality of things and assume some responsibility for it,” he said. Dr Felice had come to the conclusion that he did not share the same values on life and health as the prison’s administration.

I was on the Prison Board in the mid nineties for a couple of years but refused to stay on because of the hopelessness of the situation. I am just surprised that it took so long to implode and that it took the then Board chairman, Mario Felice, so long to resign since things had got a lot worse.

This was not the first time Dr Felice had resigned his post. Earlier that year (2008), the entire board stepped down en bloc over the lack of dialogue with the prison’s management, which it felt inhibited its functions. However, they were persuaded to stay on.
Dr Felice’s comments led to Mr Gatt resigning as prison director and returning to the police force. The government set up an inquiry into prison maladministration in August of that year.

The inquiry recommendations were published in March 2009 and Minister Mifsud Bonnici had forwarded the findings of the board to the Attorney General and the Commissioner of Police for further criminal investigations. He declined to make the report public, saying that to do so would prejudice police investigations.

“Unfortunately, prisons are breeding grounds for bullying (sometimes violent), and drugs and both are treated with a blind eye by the authorities. It is not easy to find the right kind of people to man prisons and drugs keep inmates subdued.” I wrote in my column “What are prisons for?” of 8 January this year.

It was in response to a Dutch prison inmate’s letter to Minister Carmelo Mifsud Bonnici, copied to the press claiming, “I am ill-treated every single day”. Perry Ignomar Toornstra had alleged that prison did nothing to reform him, but instead turned him into a “chain-smoking, heroin addict who has developed a total understanding of how to commit, and even enjoy, heinous unthinkable crimes”.

I had opined that although that kind of statement would not have done him any favours, (which society wants that kind of person on its streets?) it should have been a wakeup call to those people who have no understanding of what badly run prisons do to people.

Mario Felice, inmates and a prison guard had corroborated Mr Toornstra’s claims, insisting that il-Bully “runs the show in prison”. So even though Sandro Gatt had been replaced by this time, things had not changed.

I am not surprised that the judge in the Bickel case concluded that there was something seriously wrong at the prison and that he expressed the hope that this kind of situation was not being tolerated in order to control the prisoners without increasing the warders.
It is not enough for the government to say things are now being done to improve the situation; someone has to take the rap.

published in the Malta Sunday Independent on 18 December 2011 
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Sunday, 11 December 2011

Illegality − a moveable feast

Posted on 04:07 by Ashish Chaturvedi
This subject is one that makes me see red and makes me even more sceptical about politicians’ aims and objectives. It is not that long before we shall have to face the crucial decision on where this country is heading. Since politicians are in prepped-up mode, they should bear in mind all the misgivings (and there are many) the electorate is harbouring.

On 6 January, the Malta Environment and Planning Authority (MEPA) will decide on an Enemalta application to build an electricity sub-station serving people who built ‘boathouses’ without permits in Marfa.

I know that some will be thinking that surely the euro crisis is a more pressing topic. Of course it is, and I am sure other writers will address it as well as other vital issues that need tackling, but we still need to keep our fingers on the pulse on injustices and political wheeling and dealing.

First of all, as the inverted comas suggest boathouses is a misnomer for the majority of these rooms. They are used as holiday homes. Public land is there for everyone and any illegal possession of such land by individuals should be immediately stopped.

Instead, what we have seen is that those with the cheek to just avail themselves of prime sites, not only get away with it but are also aided and abetted by politicians to garner votes.

NGOs are claiming that the squatters’ lobby made back-room agreements with the Labour Party (in Opposition) just before the last two national elections. If this is true, which seems likely, it would rather shatter Alfred Sant’s image of being whiter than white.

On the eve of the 2003 election, an agreement was signed with the Nationalist government, which allowed the possible extension of the existing 67,000 square metres, with 800 illegal structures at Armier, to around 231,000 square metres, or 230 tumuli, of public land, against an annual rent of €350,000.

Then just before the 2008 election, the Nationalist Party (PN) renewed that pledge. Furthermore, it said it would “consult with Mepa” on pending applications, said the NGOs.

Since the PN won both those elections, we have and had a government that was and is accepting rent on illegal holiday homes, giving illegality legal status.

 “One of the reasons brought forward by the illegal boathouse owners for the sanctioning of their illegal dwellings was that their premises had water and electricity supplied by government corporations (Enemalta and Water Services), hence government had acknowledged their position,” said a commentator on line.

The government accepting rent further strengthens that argument. Basically, the government is renting out prime public land not only to legit developers, but also to those who just take possession of prime sites willy-nilly for use as holiday homes. It would be interesting to see what would happen if we all took advantage of such ‘perks’. Really, either way, the common garden, law-abiding citizens lose out on some of the best beaches.

In 2004, the squatters, having been given grist to their mill, became highly organised and formed a limited company called Armier Developments, which should not even have been allowed to be registered, since if anything, the company should be called Armier Illegal Developments.

It has a well designed website, which has a photo of a beautiful seafront view, no doubt one of the illegally occupied zones, minus the shantytown structures. Had it not been that the site’s only language is Maltese, it would no doubt have generated much interest among foreigners in search of caravan holiday homes.

Anyway, Armier Developments submitted applications proposing the development of 1,589 rooms, five playgrounds and a bowling pitch, a mini-market, three restaurants, a two-storey garage, three community centres and a clinic in an area spanning Ramlet il-Qortin, Ta’ Macca u l-Armier, the Barriera tal-Ahrax quarry, Little Armier and the Torri l-Abjad zone.

This sounds like a whole illegal town is being proposed. Besides, parts of these areas are supposedly protected as Areas of Ecological Importance (Habitat Directive), Special Protection Area (Birds Directive), Area of Ecological Importance/Site of Scientific Importance and Special Area of Conservation - International Importance, said the NGOs.

I don’t know at what stage the applications are at, neither how the PN’s consultations with MEPA on the matter are faring. I just hope this issue will be a wake-up call to those who do not seriously question what MEPA is there for. The latter should not even be considering such an application and any submission to service an illegal entity should not even see the light of day.

As for Enemalta, how on earth can such a body even think about applying to supply a service to illegal residencies? Nobody believes that they (the boathouses) are anything but holiday homes.

“The existing squatters have in the past convinced Enemalta to supply electricity to their habitations,” said the NGOs. In a serious jurisdiction, there would have been an inquiry at that time, to establish how and why Enemalta was “convinced” to provide electricity to illegal structures?

Illegality seems to be a moveable feast in this country. Had it not been for the seven environmental NGOs that are, luckily for us, insisting that the MEPA Board turn down the application, the subject might have flown under the radar.

By their action the NGOs are not only fighting our battles but are also raising awareness on the despicable things that are sanctioned without the knowledge of the general public. The MEPA case officer has recommended refusal by the Board on the basis that this substation would benefit illegal development in the area.

“There is no reason, from a planning point of view, as to why the substation should be permitted, considering how the proposed structure is aimed at providing services to beach rooms that are used as illegal holiday homes proposed to be demolished through the Structure Plan policies,” said his report. In line with that, the Planning Directorate is advising the MEPA board to turn down this application.

But it is by no means a certainty that the Board will refuse the application. I therefore urge all right-minded people to voice their dismay and disapproval of the way the illegal squatters have already been given too much leeway and that it is time to stop the rot.

Article published in the Malta Sunday Independent on 11 December 2011  



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“All change”, if we are to progress

Posted on 02:45 by Ashish Chaturvedi
Change is in the air. First we had the Nationalist Party (PN) conference where radical changes in a document, proposing a drastic shift in the party’s thinking, were presented. Then we had the Church also realising that change was essential for survival.

How appropriate that this call for renewal in the Church is announced just before we celebrate the coming of Christ on earth. “We wish for the coming Christmas to serve as a powerful experience of this ‘light’ which stimulates us to make an effort to leave the dark womb of a closed mentality...”, said the bishop’s Pastoral Letter “The courage to renew oneself” for Advent 2011.

The PN is changing to ensure it gets back into power and the Church is changing to retain it. As the Bishops put it so succinctly, “The one who does not renew himself will wither away”. Of course that applies to “herself” as well.

Both institutions are realising that people are thinking for themselves more and more and will not follow blindly what politicians and priests tell them to do.

The age of ‘talking down’ to parishioners and constituents is gone.
Theologian Rene Camilleri recognised that fact. He told The (Malta) Times’ Claudia Calleja, “We [priests] exist to respect the people and to give them what they really need...”

Politicians also need to respect the people they represent and not ride roughshod over them until an election is in the offing. The PN tried to influence people on divorce and failed, while the Church has realised that rather than being intimidated when threatened with fire and brimstone, people tend not to take it seriously.

However, although the anti-divorce campaign fiasco for the Church and the PN brought the issue of change to a head, it was also other important issues, which have brought about this ‘rethink’ in these institutions.

The distance between them and the grassroots has been increasing noticeably. They have seen the need to climb down from their ivory towers and not only mingle but understand what the community needs.

It was interesting to note that Fr Camilleri thinks the Church should also be upfront about its tactics. Whereas, we are used to political parties using marketing to further their propaganda (except for the maverick priests who used billboards, banners and leaflets to promote their anti-divorce message) the Church is usually coy about “selling their product”.

But Fr Camilleri is not bashful, “Speaking in commercial terms, the Church is a product. Until recently it took it for granted that people’s presence meant the product was being sold. But today, if the Church does not market itself well... there is a problem,” he said.

And the problem is? Boring priests (well one of the difficulties). “The Church needs to update its structures to make Mass more appealing by, for example, not allowing a boring priest to celebrate the most well-attended Sunday Mass,” he told Ms Calleja.

“We also need to have self-respect. If I realise I am boring people I need to do something about it,” he said. Unfortunately though, most boring people, not only priests, are blissfully unaware of the tedium they generate.

Fr Camilleri believes that the boring priests are unlikely to change so, “It’s high time to review and update the structures.” So if the Church is also restructuring, it looks like it will be joining our national airline and it will be priests as well as pilots who will be made redundant.

Of course priests cannot be fired unless they behave very badly. So the restructuring for the Church will mean moving the boring priests away from the congregation. If only it had thought of moving certain priests (not so much the boring) away from the congregation a lot earlier, it would have saved itself a lot of trouble.

Now it is not just in marketing that the Church is following in political parties’ footsteps. It also called, last year, on the services of Church communications expert Jim McDonnell.

He had advised that the Church had to vie with all the other institutions in a pluralistic society, since people were constantly bombarded with information and messages sent out by different media. The Church had “to compete” with that and make itself “relevant and interesting”.

Religion would not be seen as boring if the information given out was relevant to people’s everyday lives. For example, subjects like “ethics and spirituality”, he had said.

Now, the Church already has an excellent marketing tool in its radio station RTK, which broadcasts interesting and wide-ranging discussions. But, as the Bishops and Fr Camilleri mentioned, it is the ‘maverick’ priests who are doing a disservice by causing difficulties in communication.

“Unless vigilant, the Church runs a risk of running dry with liturgy and becoming theatrical... In many cases, we are still speaking in yesterday’s language and using methods of the past, in spite of the fact that we are aware of the great risk we are taking by doing so,” said Archbishop Paul Cremona and Gozo Bishop Mario Grech’s letter.

There were some very poignant points made in the letter, which if the Church had raised earlier would have lessened the need for divorce. While referring to the negativity of an existence lived by ‘habit’ the Bishops said, “In fact, we feel that habitualness is a condition which has infiltrated various aspects of human activity.

“In marriage and the family, it is easy to become familiar with one another, with the result that we become careless in our relations.” Another relevant observation in the letter was, “Some people request the bestowal of the sacraments, for themselves, or for their children, as a social convention.”

I have no doubt that there are people who go up to receive Holy Communion on Sundays, or at funerals and weddings, because they either feel peer pressure, or want to be seen as “good” in the eyes of their neighbours.

“Habitualness leads to laxity, abuse and to mediocrity”, said the bishops recognising that change is essential if we are all to move forward.

All this talk of change reminded me of travelling on the tube in London, when at certain stations an “All change” message was relayed for everyone to change trains. It is not enough for the Church and the PN to make radical changes; we still need to see more changes, especially in the political arena where it is sorely needed.

Article published in the Malta Independent on Sunday on 04 December 2011  




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Ashish Chaturvedi
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