Magistrate orders editor to pay Lm2,000 in libel damages

Magistrate Consuelo Scerri Herrera yesterday ordered the editor of the newspaper KullHadd to pay Lm2,000 in libel damages to Paul Josef Vassallo, one of the partners of Where's Everybody?

Mr Vassallo had felt libelled by an article entitled Where's Everybody Jaharbu published in December 2001.

The court heard that the partnership used to organise an annual programme known as L-Istrina that was broadcast on Public Broadcasting Services Ltd (PBS) to raise money for charity. According to the newspaper article, which was anonymous, Where's Everybody used to earn some commissions on the money raised during the programme.

After hearing the evidence, the court noted that the programme was broadcast by PBS and was run by a small board set up for the purpose. Accounts of the money raised were published in a press conference and copies of the accounts were sent to the media. The accounts were also audited by a certified public accountant according to law.

Magistrate Scerri Herrera added that it did not result that any commissions were paid to anybody, and that the programme was run by a number of persons who offered their services on a voluntary basis.

PBS did not pay Where's Everybody? nor did it pay any of its partners.

The editor of KullHadd at the time the article was published was Felix Agius, and the court noted that he had wished to give the impression that Mr Vassallo had received some commission for his involvement in L-Istrina.

The article also implied that Mr Vassallo was appearing to be philantropic but was making a financial gain.

Magistrate Scerri Herrera ruled the article libellous and could not be said to constitute fair comment. In conclusion, the court found that Mr Agius had libelled Mr Vassallo. Mr Agius was ordered to pay Mr Vassallo Lm2,000 in damages.