Lawyer awarded Lm800 libel damages

A lawyer was yesterday awarded Lm800 damages after the Magistrates' Court found she had been libelled by a letter published in The Malta Independent on December 4, 2002.

Giannella Caruana Curran filed her writ against Stephen Chetcuti and Frank Theuma before Magistrate Michael Mallia.

She claimed she had been libelled by a letter entitled Support For Chief Justice written by Theuma and published when Chetcuti was the newspaper's editor.

Theuma pleaded that the article was not libellous and Chetcuti failed to file any pleas.

Magistrate Mallia ruled that although the plaintiff had not been mentioned by name, the letter referred to a case in which she had been involved. Her actions had been described as dishonest and fraudulent. The fact that the plaintiff had not been directly mentioned did not deprive her of the right to file libel proceedings, the court noted, provided that the reader of the letter could identify her.

There was no doubt that any person who knew the plaintiff and read the letter would construe it as a reference to her.

When examining the contents of the letter, Magistrate Mallia noted that Theuma had categorically stated that while the plaintiff was working as counsel for the defence in a particular case she had acted in a dishonest and fraudulent manner. Such a statement could not be tolerated, the court ruled, particularly as the plaintiff had worked as an official of the courts.

In conclusion, the court condemned Theuma to pay Caruana Curran Lm500 libel damages. Chetcuti, as the newspaper's editor, was ordered to pay the plaintiff Lm300 damages.