A court yesterday condemned the editor of the newspaper KullHadd to pay Lm500 libel damages to Joseph Saliba.

Saliba filed his writ in 1999 complaining that he had been libelled by an article entitled Inkjesti kontra Inkjesti (Inquiries and more inquiries) published on November 8, 1998. He requested the court to condemn the newspaper's editor Felix Agius to pay him libel damages.

In 2001, the First Hall of the Civil Court had upheld Saliba's writ and had condemned Agius to pay Lm500 libel damages. However, in November 2003 the Court of Appeal upheld an appeal filed by Agius, revoked the judgment and ordered that the case be remitted to the First Hall of the Civil Court.

In yesterday's judgment Mr Justice Tonio Mallia noted that the article complained of carried the signature of the pseudonym Erasmus. The article was written shortly after the 1998 general election and focused on alleged corruption within the Nationalist Party.

It specifically referred to Eddie Fenech Adami, Ninu Zammit, Louis Galea and Saliba, who was referred to as the campaign manager for the election.

Plaintiff complained about the article because it alleged that an inquiry ought to be held about him as he had found clandestine employment for his constituents.

Saliba categorically denied all the allegations made against him and claimed that the allegations were libellous in his regard.

The court noted that defendant had pleaded fair comment and that the facts contained in the article were true. However, Agius had not produced any evidence of the truth of the facts.

The article was not fair comment but contained allegations of incorrect behaviour on the part of a person holding a public post, which allegations were unsubstantiated.

As a result, the court declared that the article was libellous and ordered Agius to pay Saliba Lm500 libel damages.