1994 letter found to defame late PM

An heir of the late Sir Paul Boffa was awarded Lm300 libel damages by Mr Justice Philip Sciberras in the Civil Court after it was found that a letter published in The Sunday Times on February 20, 1994, was defamatory.

In his writ filed against John A. Mizzi, Architect Joseph Boffa claimed that a letter entitled "A yacht marina for Xemxija?" was defamatory in respect of his late father, former Prime Minister Sir Paul Boffa.

Plaintiff felt aggrieved by the letter Mizzi wrote alleging that after the war, during the administration of Dr Boffa, permission was given for buildings to be erected on the northern part of Xemxija bay because Dr Boffa wanted to build there.

According to plaintiff, the letter was defamatory for his late father had never purchased or acquired property in that locality or in any other.

Defendant pleaded that plaintiff had no legal right to file the action because the inheritance of his late father had not been affected by the letter.

He further pleaded that he had no intention of defaming the late Dr Boffa, and that the writing had to be understood in the sense that it was on the basis of Dr Boffa's decision that construction had taken place in that locality.

When examining plaintiff's right to file the action, the court referred to caselaw which stated that the right to file action on the basis of defamation could result from a pecuniary interest or even a moral interest.

Thus, a letter that cast doubt on a person's honour could give that person the right to file a suit, even though no material damage was sustained.

Consequently, the court found that plaintiff was entitled to sue Mizzi.

When examining the content of Mizzi's letter, the court concluded that from the evidence produced it did not result that permits for buildings had been issued during the Boffa administration.

Mizzi's letter specifically referred to buildings which, in his opinion, "erupted into a conglomeration of high- and low-rise constructions of grotesque proportions".

The average reader would conclude that defendant had written that Dr Boffa had issued permits for buildings to be constructed as he wished to build at Xemxija himself.

No evidence in support of this had been produced by Mizzi. Mr Justice Sciberras concluded his judgment by finding in favour of Architect Joseph Boffa, namely that the letter was defamatory.

Mizzi was ordered to pay Lm300 in damages to plaintiff.