Magistrate cross-examined in Caruana Galizia defamation case

Magistrate Consuelo Scerri Herrera today denied that she had ever, during a dinner party, broached the subject of a domestic incident between columnist Daphne Caruana Galizia and her husband, which was allegedly going to be featured in a newspaper the following day.

Giving evidence in a defamation case against the columnist over a series of blogs, the magistrate also denied having been involved in property dealings in Gozo.

She however admitted that she had engaged her partner Robert Musumeci as a court expert, adding that the last time that had happened was 18 months ago, and other Magistrates had also engaged Mr Musumeci.

Questioned by defence counsel Roberto Montalto on the basis of evidence she gave in court last March 8, Magistrate Scerri Herrera said she had limited her complaints to sections of Ms Caruana Galizia's blogs but did not rule out making other complaints in the future.

Asked why she understood the reference to 'Talcum powder' in a blog as being a reference to drugs, she said she had already explained and did not need to reply again.

She insisted in reply to other questions that she never took drugs and nobody took drugs in her presence.

She said she organised parties once a year for her birthday, and also held parties for philanthropic causes. She personally invited her friends, about 20, for such events and asked them to bring along their own friends.

Asked about any association with people involved in the building industry, she said she had invited friends of her partner architect Robert Musumeci.

However, she said, contrary to what was claimed in a blog, she never had any property business dealings with a lawyer in Gozo. She explained that in 2005 she and her husband decided to split their assets. He wanted to buy and build property. In 2007 he bought property in Lija together with a Gozitan lawyer. The only association she had with that property was that she had bought the ownership of half a flat which belonged to an English lady.

Her husband and the lawyer also wanted to buy a flat in Msida, but she told them she would not be involved.

She said the only property she had in Gozo was a flat and a garage.

Asked about a claim made to the Commission for the Administration of Justice that she had been involved in property dealings with this Gozitan lawyer in Gozo, and then had favoured him in a judgement, Magistrate Scerri Herrera said she had given her evidence before the Commission, and nothing had happened since. She did not know if proceedings had actually stopped, as these were secret.

Asked if she had power of attorney for this lawyer, Magistrate Scerri Herrera confirmed that she did. She said that at one time, while her husband was abroad, she was asked to go to a local council on the lawyer's behalf to get permission for a bulldozer to enter a site because a structure was in danger of collapse.

Replying to other questions, Magistrate Scerri Herrerra said she was never a friend of journalist Saviour Balzan, especially since, she said, he used to attack her father, who passed away 15 years ago.

Her partner, she said, wrote in Malta Today but she had never phoned Mr Balzan and she could only think of one party where was present, along with some 80 other people.

Speaking about allegations in Ms Caruana Galizia's blog that during a dinner party she had told guests that Malta Today was to feature a report about a domestic incident between Ms Caruana Galizia and her husband, Magistrate Scerri Herrera said that 10 people were present for this event on January 26. It was her friends who brought up the subject of the domestic dispute. She denied ever speaking to the newspapers about it and also denied ever broaching the subject to two people mentioned in the blog. Had she said something, she said, it would have been to all those present, since they were all around the table.

Asked if she had employed her partner Robert Musumeci as a court expert, Magistrate Scerri Herrera said she had, just as other Magistrates had also employed Mr Musumeci. The last time she did so was about 18 months ago.

The magistrate said she was not involved in any way in the campaign by Nationalist MP Jeffrey Pullicino Orlando against the building of an underground museum in St John Square.

Asked about the people she knew who were employed by Maltastar, Magistrate Scerri-Herrera said she knew the people mentioned in the blog but had now known they also worked with Maltastar.

Referring to an open air party she organised in aid of Dar tal-Providenza, Magistrate Scerri Herrera said Siggiewi council had refused her permission to hold the event in the area near Is-Salib ta l-Gholja, and it was held in Mellieha instead. Everything was documented.

Asked whether she felt that, as a public official, she should not be organising such events, the magistrate said she was not prohibited, by law, from organising charitable functions.

Questioned why she had complained about a blog which said had a Singapore sling with a policeman, Magistrate Scerri Herrera said she had been to Singapore on official business with a policeman from the forensics section in connection with an inquiry into a murder. But she did not drink, and the blog was written in such as a way as to give the impression that she was having a relationship with the policeman.

Referring to a claim that she had 'licked Gianella's butt' Magistrate Scerri Herrera said she had only wished Dr Gianella Caruana Curran a Happy Birthday on facebook.

At the end of her testimony, the magistrate said she could not understand why Ms Caruana Galizia had opened this attack on her. She appreciated that Ms Caruana Galizia was a journalist with a very good pen, she said, but her actions could not be understood.

Asked if this had been a case of checks and balances, the magistrate said this was an opinion, and she did think she should comment further.