GWU official appeals libel damages awarded to new President

A General Workers' Union official appealed a court judgment whereby he was ordered to pay €2,000 libel damages to President George Abela.

Charles Vella pleaded that the ruling should be declared null because it was handed down on April 2 when the date set by the court had been April 22.

Magistrate Consuelo Scerri Herrera had put off the case for judgement setting the date of April 22. However, since Dr Abela was scheduled to be sworn in as President of the Republic on April 4, he had filed a request in court for the judgment date to be brought forward.

Mr Vella argued that the article about which Dr Abela had complained constituted fair comment about known facts and, in addition, the damages awarded were excessive.

Dr Abela had sued for libel after Mr Vella issued a press release in August 2006 during a dispute with the Malta Dockers Union, which Dr Abela represented at the time. The press release had declared that Dr Abela had said he was satisfied with a court decision in the case filed by former GWU official Josephine Attard Sultana against the union. Dr Abela was Mrs Attard Sultana's lawyer.

The court noted that when informed by a Nationalist Party reporter that Ms Attard Sultana had won her court case, Dr Abela had replied he was pleased with the outcome.

At no time had Dr Abela made any other comment to the reporter. However, comments erroneously attributed to Dr Abela had been included in a report issued by the Media.link reporter. These comments were then included in Mr Vella's press release.

Dr Abela told the court he had immediately informed Media.link of the error and a correction had been forthcoming. However, even though he had told Mr Vella that the article was wrong, the union official persisted in issuing his press release.

The first court had concluded that the press release was libellous and so awarded Dr Abela €2,000 damages.

In the appeal, Mr Vella insisted that the judgment's date marked the start of the period during which one could appeal and the period during which a judgment could be enforced. Any error in such a date was therefore critical and could be prejudicial to the parties to the suit.

When appealing on the merits of the case, Mr Vella claimed that the press release constituted fair comment and that he had not been allowed to present evidence in order to defend himself.

He had proven that Dr Abela had been appointed a government consultant and that he had therefore been correct in saying there was an affinity between Dr Abela and the PN government.

Mr Vella asked the Court of Appeal to annul and revoke the judgment.

Lawyer Aron Mifsud Bonnici acted for Mr Vella.