Gavin Gulia awarded Lm500 libel damages

Labour MP Gavin Gulia was yesterday awarded Lm500 in libel damages by Mr Justice Geoffrey Valenzia in the First Hall of the Civil Court. Plaintiff had filed his writ on the basis that an article written by Dione Borg and published in the newspaper "Il-Mument" on June 19, 2000 was libellous in his regard as it alleged that when Dr Gulia was Justice Minister he pardoned someone from his electoral district from a prison sentence.

The court was requested to condemn Borg and Victor Camilleri, the newspaper's editor to pay damages.

In its judgment the court noted that plaintiff felt that the article was libellous as it gave the impression that he had not acted correctly while Justice Minister. The article, according to plaintiff, emphasised the fact that the Attorney General had commented that the crime in issue was a very serious one, but had not mentioned the fact that the Attorney General had recommended that the pardon be issued.

Mr Justice Valenzia pointed out in yesterday's judgment that while criticism was fundamental in a democratic society it had to be exercised within limits. The limits had to be as wide as possible in cases that were of general public interest and in particular when public personalities, like Dr Gulia, were involved. However, the right of the individual to protection of his reputation had also to be respected.

In this case it resulted that the article was not a bona fide report of what had been said in the House of Representatives on this case, but made clear allegations of irregularity.

Mr Justice Valenzia said that the article was published following a speech made by current Justice Minister Tonio Borg on June 15, 2000 following a motion against him by Dr Gulia. In his speech Dr Borg had declared that he had never signed an amnesty from part of a prison sentence for any of his constituents. However, the article had not reported that the Attorney General had recommended that part of the prison sentence be remitted by means of a pardon.

The Court concluded its judgment by finding that the article was libellous and by ordering defendants to pay Dr Gulia Lm500 in libel damages.