Lawyer raises issue of credibility, belief in oath

TV presenter Lou Bondì yesterday presented in court a 15-page reply, including a claim of a breach of human rights, in a legal issue raised by lawyer Toni Abela who questioned how a self-declared atheist could swear on the cross when testifying.

The matter erupted two weeks ago during libel proceedings Mr Bondì has instituted against former Labour MP Wenzu Mintoff. In the last sitting, Dr Abela, who is defending Dr Mintoff, pointed out that although he had kissed the crucifix and swore to say the truth before testifying, Mr Bondì had later publicly declared he was an atheist.

Lawyer Anthony Cremona, for Mr Bondì, said taking an oath by swearing on the cross was acceptable and the cross did not only represent religious principles outside a place of worship but also important secular values.

In rebuttal, Dr Abela said his issue centred on procedural matters and not on religion because Mr Bondì was free to believe what he wanted. He argued that he was not accusing Mr Bondì of lying under oath. “I am saying the opposite. I believe that when he testified, he testified correctly according to how he feels,” Dr Abela said.

Magistrate Joseph Apap Bologna and Dr Cremona asked Dr Abela why he was raising the point in the first place if he believed Mr Bondì had testified correctly. Dr Abela replied that the credibility of the witness was intrinsically linked to what the witness believed in.

Before the arguments could be developed further, the magistrate said the issue would be discussed after Dr Abela made his written submissions on the matter and deferred the case. In his own written submissions, Dr Cremona complained that Dr Abela was subjecting his client to a breach of human rights by forcing him to declare his beliefs, which went against freedom of thought, conscience and religion.

He also argued that there was nothing that stopped a non-Catholic person taking an oath by Catholic means as long as it meant something to that person.

The case continues.