Columnist cleared of harassing magistrate
File pictures: Magistrate Consuelo Scerri Herrera and Daphne Caruana-Galizia.
Columnist Daphne Caruana Galizia was this morning acquitted of harassing Magistrate Consuelo Scerri Herrera.
This was an ex-officio charge which could not be dropped at the magistrate's request. Mrs Caruana Galizia was found not guilty on the grounds that a journalist writing about a public figure does not constitute harassement.
All the other charges related to criminal defamation made at Magistrate Herrera's request were dropped after she declared that she had no further interest in pursing the case.
In a sitting this morning during which submissions on a note by the magistrate that she had no further interest in pursuing charges of defamation and criminal libel against Mrs Caruana Galizia, her lawyer Roberto Montalto said he is accepting the waiver.
In her note to Magistrate Antonio Micallef Trigona, who was hearing the case, Magistrate Scerri Herrera said that her complaint to the police about what was written by Ms Caruana Galizia was mainly about specific allegations involving drugs and corruption.
Mrs Caruana Galizia's testimony in court in September covered more than drugs and corruption.
Magistrate Herrera said she was asking the police to drop the charges once Mrs Caruana Galizia admitted in court that she had not verified the facts before writing.
Mrs Caruana Galizia categorically denied that she retracted anything that she had written in the blog. She also denied that she had not verified the facts before writing.
The sitting, attended by Mrs Caruana Galizia but not by Magistrate Scerri Herrera, was over in minutes.
A number of witnesses had been called to testify in the case. These included former Chief Justice Vincent de Gaetano, Opposition leader Joseph Muscat, Nationalist MP Jeffrey Pullicino Orlando, deputy police commissioner Michael Cassar, lawyer Veronique Dalli, former PL general secretary Jason Micallef, Ronnie Pellegrini, PN candidate Robert Musumeci, and the registrar of courts.
The latter was going to be called to say how many libel cases had been removed from Magistrate Scerri Herrera's jurisdiction, how many times Mr Musumeci had been nominated court expert by Magistrate Scerri Herrera and the dates of these cases.
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43 Comments
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Victor Laiviera
Nov 26th 2011, 17:10
"Ms Caruana Galizia, through her lawyer Roberto Montalto, did not insist that the case continues – as was her right to do – "
http://www.timesofmalta.com/articles/view/20111126/local/Blog-row-ends-with-columnist-acquitted.395558
Why?
Kenneth Cassar
Nov 28th 2011, 13:18
Because its silly to ask for a judgement when witnesses would not be summoned.
jere roughton
Nov 26th 2011, 08:36
what surprises me is that there is nobody out there with real power to look into this case and thedirt that has come to the surface
Giovann Demartino
Nov 25th 2011, 17:03
Hello, MISTER Laiviera!
Alfred Grech
Nov 25th 2011, 19:36
MISTER Laiviera is out Christmas shopping!
Joseph Calleja
Nov 25th 2011, 16:27
Why not let these two fine ladies sort it out among themselves, please don't spoil the fun. They both like attention and they are getting it. When you are in the public eye you are subject to anything, somehow it goes with the territory..
John Said
Nov 25th 2011, 15:14
I hope the story does not stop here. I hope someone verifies the facts and a proper inquiry is held. Never mind about Mrs. Caruana Galizia, as people are free to choose if to read what she writes, and it will not make any difference at all. Whilst on the other hand Dr. Scerri Herrera is public figure with a very important role, paid out of the tax payers money, and we expect such a person to have a clean name, and this has nothing to do with politics! The law courts must be clear of any doubts, as this is not a matter of opinion like in the case of politics, but a fact of justice. The Magistrate should have kept going on with this case in order to clear her name and remove any doubts about her. Mrs. Caruana Galizia is now free to carry on writing, as this move puts her in a stronger position than before, as not even a magistrate could prove her wrong! And from the list of witnesses, it seemed that the story was getting much bigger. Leaving us with a question in mind…… did someone want to cut a long story short before to many big names were dragged in?
Stephen Spiteri
Nov 25th 2011, 14:38
The only real loser in this farce is surely our judicial system. That DCG emerged victor is a foregone conclusion. Whether CSH is the loser is irelevant. She knows what she did, she's responsible for her actions, and it's up to her to continue as if nothing happens.
But that an import pillar of the judiciary, in front of whom you and I might be put to face judgement, and in whose hands our future might depend, would be embroiled in such an issue which is normal for xi cercura but definitely not for a magistrate, that is different and unacceptable. Unfortunately there s no way such a person can be removed bar a parliamentary vote which needs 66% majority. So yes, this murky episode has exposed the strenght of the judiciary, (job security anyone?) has undone the sterling work done by others by throwing a dark shadow over our courts, and it's up to the judiciary and the legislative to now pick the pieces up and try to at least ensure such an incident never happens again.
James Tyrrell
Nov 25th 2011, 12:22
Just like setting free a wife beater, or an animal killer, or a person who attacks police officers in the execution of their duty or a hit and run driver this sends out the totally wrong impression of justice. Mrs Caruana Galizia brings a whole new meaning to the term gutter press and in this instance the magistrate is giving her carte blanche to carry on writing her disgusting blogs. If I live to be 100, which is highly unlikely, I will never understand the joke that passes for the legal system in Malta. How can Magistrate Consuelo Scerri Herrera ever have respect in the Maltese courts again when she has shown that she is not even willing to stand up to a nobody?
Kenneth Cassar
Nov 25th 2011, 12:55
Did it ever occur to you that perhaps it is in her own interest to drop the case?
Joe Mallia
Nov 25th 2011, 13:33
Just admit it James, your horse was well and truly handicapped in this race, as are most of your senseless arguments.
Neil Dent
Nov 25th 2011, 14:09
As usual, due to your absolute disdain for Mrs. Caruana Galizia, you are being very selective in the parts of this saga you choose to pick up, or ignore Mr. Tyrrell (just stop reading her notebook – it’s as simple as that).
However in the mean time, back in the real world, not even one of the extremely serious and compromising issues written about by DCG, has ever been refuted by the magistrate. Instead the latter attempted to make a case for defamation, based on the mention of talcum powder, her being likened to the back of a bus, and other schoolyard taunts.
Now once the realisation that firstly, what was about to come out in court could potentially be of irrevocable damage to her personally and professionally, and secondly that she could do little or nothing to control DCG's list of witnesses and their respective testimonies finally dawned on her, the magistrate has hit the panic button.
Stephen Spiteri
Nov 25th 2011, 14:40
James, what a finely honed axe to grind !! If the beaten wife decides to drop the case, nothing happens, does it ? So what exactly is your point ? I mean you come from the UK, the paragon of legal systems, o yiu can surely enlighten us better !!
Andrew Calleja
Nov 25th 2011, 14:47
If The Times on-line permits you to post your stupid comments about all and sundry without being censored(as should rightly happen within a tolerant democratic society) why do you honestly believe that Mrs Caruana Galizia should not be allowed to voice her opinion without repression?
R Bartolo
Nov 25th 2011, 14:54
Your comment is put into greater perspective when one reminds all and sundry that you have been on the receiving end of Daphne's writings.
For whatever reason, but there you have it, yours is hardly an unbiased observation.
George Azzopardi
Nov 25th 2011, 15:11
@Joe Mallia .. seems that some people are living in another world!!! James put up some real good arguments which could be senseless to those who are not able to gut them in!!
Stephen Sultana
Nov 25th 2011, 15:54
For someone who claims to be from Northern Ireland you sure have an odd obsession with Maltese politics, especially when it involves criticising anything to do with the Nationalist Party.
Charles Sammut
Nov 27th 2011, 00:36
"A nobody"..indeed Jimmy! A "nobody" who had the guts to stand up to a magistrate of the Laugh Court of the island in the sun! Did you ever stop for a minute and ponder and ask yourself " now why did this magistrate decide to drop the charges against this nobody?" Did you see the long list of witnesses this "nobody" had in store for the magistrate??.....wink,wink...nudge,nudge..say no more Jimmy!
...and the beat goes on...and the beat goes on.....
Charles Sammut. (NY)
Nov 27th 2011, 07:16
Well Said James. This whole storm in a tea-cup reminds me of a hissy cat fight.
Christian Sciberras
Nov 25th 2011, 11:54
Back to the noble career of insulting anything that can't bite back, it seems!
Oh wait, did she actually stop once, in the first place?
Kenneth Cassar
Nov 25th 2011, 12:57
Ask yourself this question, Christian: Why did Consuelo Scerri Herrera choose to drop the case?
Christian Sciberras
Nov 30th 2011, 23:16
Kenneth Cassar - Let me think...... .....Our favourite columnist is too good a person to be jailed? :)
Kenneth Williams
Nov 25th 2011, 11:28
Qisu kien jaqbel ghal kulhadd ax kienu ha jinkixfu hafna borom miz zewg nahat....Mhux fl interess tal poplu tiftakruh??
Ryan Abela
Nov 25th 2011, 12:50
hahhhhh.. agree 100%
M.O. Micallef
Nov 26th 2011, 19:21
Kenneth it was the magistrate who decided to stop the proceedings......try to understand why.....
Charles Micallef
Nov 25th 2011, 11:24
Pity the News of the World is no longer published. as their journalists would have had a fielday with this story!
George Azzopardi
Nov 25th 2011, 11:21
a case of 2 Maltese idiots!!!
Joe Mallia
Nov 25th 2011, 13:36
One of them happens to be a magistrate who might one day judge you Mr Azzoppardi. Nice!
Peter Murray
Nov 25th 2011, 14:08
she will still be an idiot but sadly-like our law-makers -one with power.
George Azzopardi
Nov 25th 2011, 15:06
@Joe Mallia .. SO what .. Is this s a threat?
Peter Murray
Nov 25th 2011, 11:18
What a travesty of justice and a complete Mexican stand-off snowjob -as no one actually did anything wrong here apparently accept not confirm alleged facts before committing to print!So were these allegations unfounded and unable to be proven then?
Mr Peter Vella
Nov 25th 2011, 11:18
The allegations made are no laughing matter. I hope that whoever is responsible investigates and then takes some action, either to clear the magistrate's name or else to have her sanctioned.
Tony Agius
Nov 25th 2011, 14:24
I agree 100% , I have a feeling that she prefered not to let every one know every thing .
John Zammit
Nov 25th 2011, 11:07
So after swallowing all she alleged (because that's the way it was understood by every body) so much so that even the committee for administration of justice under the President was alerted she now goes out scot free
Kenneth Cassar
Nov 25th 2011, 12:53
I trust you're referring to Consuelo Scerri Herrera. It was she who dropped the case. And yes, Consuelo Scerri Herrera does go out scot free. This is Malta after all.
Joe Vella
Nov 25th 2011, 11:02
By Magistrate Scerri Herrera withdrawing the case against Daphne Caruana Galizia One Big question remains unanswered. That is, what is it that Magistrate Scerri Herrera wanted to keep away from the General Public to know.
Mark Galea
Nov 25th 2011, 10:56
Bad luck we did not hear all the witnesses ... :(
Mr Marcel Dingli
Nov 25th 2011, 10:27
Spoilsports !!! We will have to look for some sort of alternative entertainment this Christmas.
fleur marie cilia buckett
Nov 25th 2011, 11:08
lol marcel!
Mr Marcel Dingli
Nov 25th 2011, 14:26
NEWS FLASH just been on Facebook : Christmas has been cancelled this year. Everyone has been telling Santa that they have been good this year. He died laughing.
Stephen Sultana
Nov 25th 2011, 15:56
My you're so funny. Have you ever considered a career in comedy?
Mr Marcel Dingli
Nov 26th 2011, 07:51
Mr Sultana, i dont suffer from insanity, i enjoy every minute of it. You needn`t be mad to live in this country, but if you are, it helps.
Mr Marcel Dingli
Nov 26th 2011, 08:02
Mr Sultana, i was never a good politician. I guess i`ll have to leave your suggestion to the professionals.