Court evidence: Bondi claims rights violation

Broadcaster Lou Bondi arguedtoday that a non-Catholic person was not prohibited from taking an oath in court in line with the Catholic religion as long as he felt bound by that oath.

The argument was presented in court by Mr Bondi's lawyer in reply to questions raised over whether it was correct that Mr Bondi, a self-confessed atheist, kissed the cross before giving testimony in court.

Toni Abela had raised the issue in a libel case instituted by Mr Bondí himself against former Labour MP Wenzu Mintoff over comments he made on a television show in 2007.

In his replies to Dr Abela's submission today, Mr Bondi's lawyer, Anthony Cremona, accused Dr Abela of breaching Mr Bondi's human rights by making him declare his beliefs in courts.

Dr Abela, they said, had not been clear in what he wanted the court to do and what were the legal consequences of Mr Bondi's previous declaration.

They argued that a non-Catholic person was not prohibited from taking an oath in line with the Catholic religion as long as witness felt bound by that oath.

Moreover, the cross did not only represent religious principles when it was out of a place used for adoration. It also represented important secular values. So there was no reason for the court to declare the proceedings null because of the oath he (Mr Bondi) had taken.

In his rebuttal Dr Abela said he was contesting the procedural element and not the religious one.

He said he was not saying that Mr Bondi lied under oath.

"I am saying that I believed that what he testified, he testified correctly as he felt right."

However, he added, the credibility of the witness was intrinsically linked to what he believed in and this was the distinction which had to be made between lying under oath and how a person took an oath.

The court gave Dr Abela two weeks to present the court with written submissions.