Three Nationalist Fgura councillors and the editor of In-Nazzjon yesterday filed a constitutional application in the First Hall of the Civil Court against the Fgura council.

Mark Lombardo, Charles Bonello, Alfred Debono and editor John Zammit claimed that their constitutionally protected right to freedom of expression had been violated by two judgments condemning them to pay libel damages to the council.

In their application the three councillors declared that they had written a letter that was published in In-Nazzjon on August 7, 2001. The letter was written in reply to an article published on the previous July 26 in the same newspaper.

Lombardo, Bonello and Debono declared that the article and letter were about a dispute that had arisen between them and the Labour councillors over the Hompesch Road project.

In their letter they had declared that the council had failed to carry out public consultation and was ignoring public opinion.

The local council had sued the three councillors for libel and in November 2002 the Magistrates' Court had condemned all four to pay Lm2,000 libel damages.

The Court of Appeal had confirmed the judgment insofar as the letter was found to be libellous but reduced the damages to Lm600.

Lombardo, Bonello, Debono and Zammit submitted that the two judgments were in violation of their fundamental human right to freedom of expression as the publication in question constituted a legitimate criticism of a local council that was permissible in a democratic society.

The First Hall of the Civil Court was requested to provide them with a remedy.

Dr J. Zammit Maempel signed the application.