Daily ordered to pay €2,300 in libel damages

The Malta Independent was yesterday ordered to pay €2,329.37 (Lm1,000) in libel damages to Louis Fava after a court ruled that an article published on September 19, 1998, was libellous.

Mr Fava filed his writ for libel damages in the First Hall of the Civil Court against Noel Grima and Steve Chetcuti.

The article entitled Sergeant's Identification Number Seen From Over 50m was written by Mr Chetcuti and published when Mr Grima was editor.

According to the article, police officers were being investigated after allegations were made against them. The article stated that after the results of the 1998 general election were announced, three police officers, including a sergeant at the St Julians police station, had lowered the Maltese flag and instead raised the Nationalist Party flag.

In the article, Mr Fava was identified as an eye witness to this event and the article added that he had asked the police to investigate this incident.

According to the article, Mr Fava's home was at least 50 metres away from the police station, and it was improbable that he could have seen and identified the police officers' numbers from that distance.

In yesterday's judgment, Mr Justice Gino Camilleri, said it did not result from any of the evidence produced that Mr Fava had ever told the investigation that he had recognised the numbers of the police officers involved in this incident.

Mr Fava told the court that he had seen three police officers lower the Maltese flag and raise that of the Nationalist Party. He had said he had recognised Sgt Joe Pace as he had previously had contact with him. At no time had Mr Fava told the police that he had seen the police officers' numbers.

Mr Grima told the court he had received many telephone calls about the incident but he had not felt the need to speak to Mr Fava before the publication of the article.

Mr Chetcuti confirmed he had written the article and that it was published before he had spoken to Mr Fava. Mr Chetcuti added he had attempted to contact Mr Fava.

The court, therefore, ruled that the article was based on allegations which had not been proven, and that it mentioned a previous incident, not related to the issue of the flag, to give the impression that Mr Fava had a grudge against the sergeant.

Mr Justice Gino Camilleri found that the article was libellous and ordered defendants to pay Mr Fava, between them, the sum of €2,329.37 in libel damages.