UPDATE 2 - Magistrate Scerri Herrera withdraws court case against Caruana Galizia
File pictures: Magistrate Consuelo Scerri Herrera and Daphne Caruana-Galizia.
Magistrate Consuelo Scerri Herrera has filed an application in court withdrawing her criminal libel and defamation proceedings against blogger Daphne Caruana Galizia.
In her application, Magistrate Scerri Herrera said that her complaint had been based principally on allegations regarding drugs and corruption. With regard to the former, Mrs Caruana Galizia had written that she (the magistrate) "throws parties at which plenty of talcum power is thrown around, for example, but she does not use talcum powder herself. She uses deodorant."
It had also been written that: "People would like reassurance that those who sit in judgement over them do not lead lives of debauchery while developing property as their main line of business, or throwing parties where talcum power is a main feature of the event."
The magistrate said that in her evidence on the case last September 6, Mrs Caruana Galizia had said that: "I want to be clear, I am sure that the complainant (the magistrate) does not do drugs, never has, and as far as I know, she is not the type...she does not even drink, and my remarks were not addressed at her." Later she said that she wanted to make clear that she never implied that the magistrate was involved in drugs and talcum powder was not cocaine.
As for the alleged corruption, Magistrate Scerri Herrera recalled that Mrs Caruana Galizia had written "shouldn't you be finding out whether the magistrate pays for her jewellery and catering?" She also wrote that: "It is what happened to Noel Arrigo, who should have served as a salutary example but didn't. The irony is that Arrigo went down for a fraction of what certain other persons are up to, because his position was the highest and he was stupid enough to take a bribe directly rather than to have suppliers pay for the catering at his parties, or expensive jewellery sent to his door, or cuts on major development deals."
In another section, Mrs Carauana Galia wrote: "When magistrates behave like this, and hand the threat of police investigation over those members of the press who speak and write about what they do, so that the boundaries are pushed further and further, the inevitable result is Noel Arrigo - and he is beginning to seem tame."
The magistrate noted that on September 6, Mrs Carauana Galizia said that "she (the magistrate) was offended because she thought I had compared her to Noel Arrigo. I did not compare her to Noel Arrigo, God forbid that we reach a state where we suspect that she can take a bribe from a drug trafficker. I swear that I do not think that is the case." Later she said "I know she will not take a bribe, I am saying the opposite, I am saying that I know her and she will not take a bribe from a trafficker."
With regard to the Commission for the Administration of Justice, the magistrate said that Mrs Caruana Galizia had written that - "You would have thought that after the major tip-off I gave them yesterday, MaltaToday would have picked up the story of how Consuelo Herrera is being investigated by the Commission for the Administratin of Justice, which has received reports of alleged corruption in real estate deals"
Then on September 6 in her testimony, Mrs Carauana Galizia said: "I did not need to make any verification, as my point was about the complaint to the Commission. I did not need to act like an investigating detective. That is the work of the Commission, and I am awaiting the outcome of the Commission's work."
The magistrate said that Mrs Carauana Galizia did not need to wait any longer about the alleged corruption in real estate deals as it had been decided, last September, that in her regard, no shortcomings had been found by the commission and she, therefore, was not censured.
The magistrate said she regretted that Mrs Carauana Galizia made no verification before proceeding 'with her defamation' but in the light of what Mrs Caruana Galizia had declared, she had no further interest to proceed with the case.
The matter will be dealt with court on Friday.
Lawyer Roberto Montalto, who is appearing for Mrs Caruana Galizia, told timesofmalta.com that his client had, in her testimony, not withdrawn any allegations but simply explained what she meant in the blogs.
CARUANA GALIZIA'S REACTION
Writing in her blog today, Mrs Caruana Galizia said the magistrate’s decision came after she (Caruana Galizia) had submitted her list of witnesses.
“The only way to avoid having certain witnesses take the stand at this late stage is to stop the case altogether,” said said.
Mrs Caruana Galizia did not say who was included in her list of witnesses. Informed sources said the list included Former Chief Justice Vincent de Gaetano, Opposition leader Joseph Muscat and the magistrate’s partner Robert Musumeci.
"So I accept that Magistrate Herrera needed to save face, though I think it was a mistake to give spurious reasons instead of just doing the sensible thing and saying ‘I withdraw my complaint’ and leaving it at that, "Mrs Caruana Galizia said.
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77 Comments
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pat muscat
Nov 25th 2011, 08:06
Who cares about the bickering of these two women? As far as I am concerned one is a spoiled brat, whilst the other should concentrate on her work.
j brincat
Nov 24th 2011, 09:38
@Charles Micallef
Quote:"Should one not be considering resignation at this stage, these allegations themselves are very serious and would have been acceptable if they happened in a Paceville Bar, but with a Magistrate involved and the people alledged to have been involved, this have shocked the Nation, and continued to erode further what little faithwe had in this Circus!"
Perhaps, the culture of resignation will catch up when Ministers resign. Then, others might follow suit!
(jb)
J Schembri
Nov 24th 2011, 13:06
Am I the only one thinking differently?
The case as far as I know was the Police against Daphne Caruana Galizia.
The magistrate asked the police to prosecute DCG and they obliged.
Now the prosecution should go the whole hog and end the process, not cut it off when the truth will surface.
Charles Micallef
Nov 24th 2011, 08:27
Should one not be considering resignation at this stage, these allegations themselves are very serious and would have been acceptable if they happened in a Paceville Bar, but with a Magistrate involved and the people alledged to have been involved, this have shocked the Nation, and continued to erode further what little faithwe had in this Circus!
P. Ciantar
Nov 24th 2011, 07:32
Daphne 1 Consuelo 0
Joe Grech
Nov 24th 2011, 00:46
Pulcinelli both of them! As for our courts - some of the halls rather - what goes on in there is simply too astounding to believe! Carry on this way and continue losing the little faith the Maltese may still have in our justice system.
P Bonnici
Nov 24th 2011, 00:32
Is anyone going to fall on his/her sword for this one now?
Marco Farrugia
Nov 23rd 2011, 22:57
Shame on the magistrate!
Waste of public resources!!
This is a win for free-speech! Congrats Daphne!!
R ferriggi
Nov 23rd 2011, 21:53
as they always say,,,,,, a battle betwwen two women is the worst.
and lets admit it,,,,, DCG is the worst of the worst of the worst of them all.
God forbid!!!!
Mr ALBERT LEONE GANADO
Nov 23rd 2011, 19:34
My only concern as a taxpayer is who is going to pay for all this wasted court and police time and who will foot the fees and court charges. There was a time when men of a certain lineage defended their honour in a duel or lately in a private boxing ring. I don't know what women of class do although I did learn whilst studying at the Evan's Lab in the lower reaches of Valletta how women of another class settle scores. Honour like conscience seem to be moulded in a different way these days and have become solely part of the media circus..
Mr Marcel Dingli
Nov 23rd 2011, 20:51
With a clear conscience i must say that all honour goes to you Mr Leone Ganado. Now one else has managed to hit the bull`s eye.
Noel Abela
Nov 23rd 2011, 18:46
Jaqaw din il mara porta voce tal-PN ghax jiekk hu hekk il PN il veu ghandu minn xiex jisthi.
j brincat
Nov 23rd 2011, 18:23
@Mark Galea
"By the way, if you have not noticed, this is a MAGISTRATE, somebody who judges right and wrong"
Il-Magistrata has not admitted anything, so you are bickering just to make a case!
We are all holier than the pope here.
(jb)
.
Charles J. Buttigieg
Nov 23rd 2011, 18:17
One think I’m certain of, if one day I commit a felony all the PL supporters would be out to defend me or at least try to water down my crime. And Francis Saliba, Giovan Demartino and all the other Gonzipn supporters would bury me under a mountain of stone. What a sad Country!
Aaron Vella
Nov 23rd 2011, 18:57
You are so right, it's pathetic.
Francis Saliba M.D.
Nov 23rd 2011, 19:39
@ Charles J Buttigieg.
You have no right to assume that I would "bury (you) under a mountain of stone" for any felony you may choose to commit. I would expect that the police would investigate you and take you to court where I am sure that you will not be sentenced to death by stoning or to be buried alive. That is the Malta I know since a MLP appointed Commisioner of Police was imprisoned as an accomplice to a murder committed inside the Police General Headquarters. THAT, sir, was a sad counry, and that what so "pathetic", Mr Aaron Vella.
l vella
Nov 23rd 2011, 19:40
you commit a crime and get defended ! forget it, are you out of your mind ?
Hossam Helwani
Nov 24th 2011, 00:49
what a waste of stone if one had to bury you . Dump you in the sea better, but then better not ! we might contaminate the sea!
George Fenech
Nov 24th 2011, 08:17
@ Dr. F Saliba
By all means.....and don't forget a garage full of all sorts of ammunition in Qormi intended to be used against the Maltese citizens! (or was it a frame up?) But by Jove the culprits were rewarded Lm 18,000 for being beteen at Police Headquarters
Francis Saliba M.D.
Nov 24th 2011, 09:22
@ George Fenech.
YOU are making the allegation about some ammunition in Qormi "intended" to be used against Maltese citizens. I wasn't there, I do not pretend to read the minds of others and above all I do not attribute wrong motives to others. YOU are doing that and it is up to YOU to prove it.
If you are interested I could remind you of actual, proven instances where the MLP state police actually used all live ammunition against Maltese citizens exercising their court sanctioned right to hold public meetings. For starters read up the accounts of "Maltese citizens" shot up and gassed at legal public meetings at Tal-Barrani and Rabat, Malta.
R. Cilia
Nov 23rd 2011, 17:47
Those who live in glass houses shouldn't throw stones.
Stephen Sultana
Nov 23rd 2011, 18:41
Meaning what exactly? That we should scrap our legal system, shut down the law courts and the prisons and wait for the Last Judgement?
Mr Marcel Dingli
Nov 23rd 2011, 19:54
Please be reminded that the Labour Party headquarters looks like a green house and the PN headquarters like an aquarium. It is unknown to me whether any of the two have installed unbreakable glass.
Mr Marcel Dingli
Nov 23rd 2011, 20:03
As an old friend said it once : People in glass houses should undress in the dark.
Edgar Azzopardi
Nov 23rd 2011, 16:19
This is a very pathetic ending to a very pathetic story.
The message here is that bloggers can write whatever they want, throw as much mud as they want and then, if they are sued for libel all they have to do is say '' but that's not what I meant, ta!" and they are let off.
Mrs DCG only admitted that what she wrote was misunderstood . Example: I still cannot understand why Mrs DCG would speak of talcum powder at parties, when the product has nothing to do with such situations and when it resembles a known party drug- cocain., unless she intedned to put doubts in the readers' minds. . Her explanation that she know the magistrate uses deodorant (and how on earth does she know this) is pathetic to say the least..Only after she was taken to court did she try to wriggle out of the whole pathtic episode ...and by heck she did.
From now on we can all start throwing mud ,...and later on, when we are brought to justice to explain our actions in Court , say we though it was choclate we were donating.
I am afriad that this episode does not do the magistrate honor at all. If she were offended , she shoul have seen the case to the end ...or she does not realise that DCG's explanations are too little, too late...and the damge intended has been done.
Having said so, Mrs DCG's blogging says more about the author than about all the people she tries to rubbish.
Joseph Calleja
Nov 23rd 2011, 18:15
Chill out Mr Azzopardi, let them have some fun. If it doesn't bother them what's your query? These two ladies both enjoy the limelight, let them be.
Kenneth Cassar
Nov 24th 2011, 09:27
@ Edgar Azzopardi:
Surely you can't be that naive to think Scerri Herrera forgave Caruana Galizia. It's just a damage-limitation exercise.
As for throwing mud, well, if you decide to start throwing mud at someone, make sure that that someone has something to hide so that he/she will either not sue you, or drop the charges later on.
R Bartolo
Nov 24th 2011, 17:16
@Mr Azzopardi: "The message here is that bloggers can write whatever they want, throw as much mud as they want and then, if they are sued for libel all they have to do is say '' but that's not what I meant, ta!" and they are let off."
What a poor analysis of the situation, to misunderstand completely that DCG was NOT let off - the complainant decided to abandon the case, so the Police could not continue.
Is this the same? If it is for you, then no further comment necessary.
Edgar Azzopardi
Nov 24th 2011, 19:58
Mr Bartolo:
If this is NOT the same for you then really I have no further comments to make, either. On Friday, the court case will be withdrawn and the blogger will have said what she wanted, damaged as much as she wanted and , thanks to a magistrate who got cold feet, got off scott free. Yes ‘let off’ in colloquial jargon! Shame on the magistrate who should have known that suing for libel will open a can of worms on both sides. Now Mrs Herrera has prejudiced anyone who would like to object ot DCG's blogs full of half truths and insinuations.
The Caruana Galizia woman, has been ‘let off’ for all intents and purposes because NOW she will not be subject to Court decision - which would have decided whether her writing was libelous or not. If you cannot see this…well its your problem.
This has created a very dangerous precedent and strengthened the likes of Mrs. CG, whose' job' is to shoot down anybody who poses a danger to the PN, and she will do so with much more vigor in order to hand on to her own status quo. This goes for the other bloggers in the same league. .
Why do you think, she is doing this hatchet job? For love of country, or for ehr own status quo? You decide....Now, I wonder if the Times watchdog will censure anything of this comment !
Joseph Calleja
Nov 23rd 2011, 14:48
Shake hands and come out fighting. I hope the saga is over, and all I can say to these two fine ladies is: " Grow UP". What you do in your private lives is not so private because of your public lives, so be very, very careful what you do and what you say. Till next time Have a Merry Christmas.
Mr Marcel Dingli
Nov 23rd 2011, 15:01
Jingle Bells !!!! Alleluiah !
Mr Marcel Dingli
Nov 23rd 2011, 14:45
Quite frankly : Me Ne Frego . As a citizen i have to respect Mag Herrera`s position untill she retains it, and have a right to read Dapne`s freestyle journalism. They both know their rights, duties and obligations so no comment insofar as to what is being said and written. However handbags at dawn quoted earlier might not be a bad idea, and neither a mud wrestling contest would be. Any other Strina fund raising activity people ??
Stephen Sultana
Nov 23rd 2011, 18:42
You evidently care enough to read the story and comment about it.
J Farrugia
Nov 23rd 2011, 14:45
In the meantime hundreds if not thousands of serious court cases remain in limbo. Put these 2 in a mud pit and let them sort it out or just fill it in.
B Attard
Nov 23rd 2011, 14:37
And they lived happy after.
Victor Buttigieg
Nov 23rd 2011, 14:20
It is clear from Mrs Caruana Galizia's comments that she has not retracted any of her allegations. So either the magistrate reinstates her libel case, or else she should (or be made) to resign.
Victor Laiviera
Nov 23rd 2011, 14:33
What she said in her blog and what she said in court are almost opposites - that looks very much like a withdrawal.
A Dimech
Nov 23rd 2011, 14:40
Victor, read this statement:-
"she (the magistrate) was offended because she thought I had compared her to Noel Arrigo. I did not compare her to Noel Arrigo, God forbid that we reach a state where we suspect that she can take a bribe from a drug trafficker. I swear that I do not think that is the case." Later she said "I know she will not take a bribe, I am saying the opposite, I am saying that I know her and she will not take a bribe from a trafficker."
to me that is a retraction or simply saying I did mean that she was corrupt.
Francis Saliba M.D.
Nov 23rd 2011, 15:47
@ Victor Laiviera.
Daphne Caruana Galizia did not withdraw anything and she she did say anything "opposite" in court. She only said that Magistrate Herrera was making wrong interpretations. The case was not withdrawn at that stage as would have been reasonable had Magistrate Herrera really believed that Daphne Caruana Galizia had withdrawn her "libel" and her "defamation".
The application was withdrawn much later, most significantly after identity of the witnesses that Daphne intended to call in her defence became known. The conclusion should be obvious, even to you.
Victor Laiviera
Nov 23rd 2011, 16:21
@ Francis Saliba.
When Caruana Galizia mentioned "talcum powder" in her blog, 99.999% of readers took it as a reference to drugs.
In court, realising she was under oath, she back-tracked and denied that it referred to drugs.
That is a withdrawal, whichever way you look at it.
Giovann Demartino
Nov 23rd 2011, 17:51
Mister V Laiviera insists that we call him MISTER. Yet he refers to Ms. Caruana Galizia as Caruana Galizia. MISTER Laiviera must be the only referee who hands the trophy to the loser! Unbelievable!
Kenneth Cassar
Nov 24th 2011, 09:34
@ A Dimech:
Both statements you quote are nearly identical, and both mean essentially the same thing. You need to make an extra effort at understanding English sentences.
Giovann Demartino
Nov 23rd 2011, 14:18
Where are those lejber apologists who are clamouring for resignations? Where are they?
A Dimech
Nov 23rd 2011, 14:36
resignation of who? for what?
because Daphne wrote something on her blog?!
edward ciantar
Nov 23rd 2011, 15:38
Charity begins at home Sur Demartino. u jekk trid tifhem ifem.
Emmanuel Ebejer
Nov 23rd 2011, 15:50
What are you ranting about!!!????? Can you get your mind off politics for once!!!
Arsenio Ellul
Nov 23rd 2011, 16:02
Shut up Sur Demartino and don't remain immature, always calling labour, we are not apologists we want people accountable. If someone acts irresponsibly he/she must resign from whatever class or strata of the social sphere. OK now you got the answer you wanted??
Henry Mifsud
Nov 23rd 2011, 17:21
For some odd reason, this Demartino reminds me of Mrs. Bucket's father in Keeping up appearances :)
Giovann Demartino
Nov 23rd 2011, 17:39
@ Arsenio Ellul. Do you think that the magistrate should resign?
Manuel Scicluna
Nov 23rd 2011, 19:37
Try to make some sense in your comments and do not divert the argument to your political believes.
Charles Micallef
Nov 23rd 2011, 14:16
Magistrate Scerri Herrera withdraws court case against Caruana Galizia..............
What a shame when, it was getting juicy and the dirt was being dished out, just like one of those stories published one on the Daily Star (I am told!)
Long live Justice, Maltese Style!
Mario J Spiteri
Nov 23rd 2011, 14:11
Povru cittadin meta jkollu jidher quddiem il-gustizzja! GHARUKAZA!!!!!!
lilly vella
Nov 23rd 2011, 13:55
its a pitty!
Michael Hudson
Nov 23rd 2011, 13:47
What a rotten place our court has become. She's obviously scared.
Victor Laiviera
Nov 23rd 2011, 13:46
The lawyer will say whatever helps his client. But it is obvious that Ms Caruana Galizia's declarations in court are a de facto withdrawal the allegations and insinuations she made in her blog.
Tony Agius
Nov 23rd 2011, 22:44
In that case , I think that she should have let the court go on with the case , and we will have a clearer picture in the end . Why stop the case if she was on the right track ?
Lawrence Fenech
Nov 23rd 2011, 13:45
Fighting a loosing battle.
Anthony Mangion
Nov 23rd 2011, 13:32
Is this not a lot of waste of time and money for taxpayers????
A. Xuereb
Nov 23rd 2011, 13:30
talcum powder was not cocaine..... so what is it ?
Joseph Vassallo, (Bugibba)
Nov 23rd 2011, 13:57
I presume it was "Talcum powder" usually liberally strewn all over a floor that is about to be used for dancing.
Victor Laiviera
Nov 23rd 2011, 13:22
It must be a nasty feeling, having to eat your own words. Perhaps certain bloggers will think twice before smearing others with vile accusations.
M Cassar
Nov 23rd 2011, 13:50
Your comment is a feeble attempt at damage control and spin!
Giovann Demartino
Nov 23rd 2011, 14:09
Who, Mr Laiviera? WHO has eaten his own words? I have been asking you for mages: And if what Ms. Caruana Galizia said is true? Who has chickened out, MISTER Laiviera?
Victor Laiviera
Nov 23rd 2011, 15:08
You hit the nail on the head Mr Demartino. Caruana Galizia said one thing in her blog but in court (where it counts, under oath) she said that she meant something else.That is "chickening out" as you so aptly put it.
Well done.
Giovann Demartino
Nov 23rd 2011, 17:10
MISTER Victor Laiviera she is not Caruana Galizia. She is Ms. Caruana Galizia. You are the only one who wants to hand the trophy to the loser! Funny isn't it. You should have done what all labour apologists have done. SHUT UP and lick your wounds
Antoine Vella
Nov 23rd 2011, 13:17
Another victory for free speech.
ALBERT FENECH
Nov 23rd 2011, 13:07
The Magistrate presiding over this case should have ordered handbags at dawn right from the very start and that would have given the opportunity to both these hilarious figures to beat the pulp out of each other. They have both made a public spectacle out of themselves in this "Strait Street" type soap opera. Little wonder that so many Maltese and Gozitan youths are daily becoming disillusioned with people who are supposed to be their peers.
ALBERT FENECH
Mr David Ganado
Nov 23rd 2011, 13:07
When you know you are going to lose, better cut your losses and bail out early!
Carmel Grima
Nov 23rd 2011, 13:00
dak li jigri meta hajjitna u dak kollu li jdur maghha nehduh "for granted".
A Dimech
Nov 23rd 2011, 12:56
Can they both pay for any expenses incurred.
I don't think the taxpayer should pay one penny for this.
j brincat
Nov 23rd 2011, 12:55
Mark Galea
"In my opinion, Magistrate Scerri Herrera should resign"
You are so quick in demanding resignations but not when it comes to PN ministers! Why?
(jb).
Mark Galea
Nov 23rd 2011, 13:58
It is very obvious, since when it refers to PN, you are faster than anything on earth.
By the way, if you have not noticed, this is a MAGISTRATE, somebody who judges right and wrong.
Mr Marcel Dingli
Nov 23rd 2011, 12:54
With apologies to Magistrate Herrera, can Daphne please clarify whether it was a vintage or an Arriva one she was refering to ?
matthew tanti
Nov 23rd 2011, 12:50
qishom tfal zghar.
Joseph Camilleri
Nov 23rd 2011, 13:26
tfal zaghar sabih - forsi l-magistrata agixxit bl-ghaqal (sic!) ta' tifla zghira!
Joseph Vassallo, (Bugibba)
Nov 23rd 2011, 14:01
Didn't some of the evidence get harvested from a young girl's Facebook account?
Mark Galea
Nov 23rd 2011, 12:43
In my opinion, Magistrate Scerri Herrera should resign.