A magistrate this morning lauded Times of Malta's investigative journalism that led to the demolition of an illegal structure on the historic Victoria Lines as he threw out a libel suit filed against the newspaper by the tenant. 

Magistrate Francesco Depasquale was ruling on a libel suit filed by Charles Foca against Times of Malta editor-in-chief Steve Mallia and journalist Patrick Cooke. He complained that an article highlighting an illegally-built private terrace built on public land on the Victoria Lines near Rabat was defamatory. 

Mr Foca had contended that the article gave the impression that he was a violent person and that a Land Department enforcement officer had called him a cowboy following the publication of the story. He testified that had also received several phone calls from friends and acquaintances, asking what was wrong with his property. 

The article was published on February 18, 2013 and just over a week later, the planning authority moved in to demolish the illegal structure over which a enforcement notice had been pending for 17 years. 

The court ruled that the article that exposed the misappropriation of public land by a tenant who built a wall and a gate and closed off access to the public was the "product of investigative journalism" that the court has the duty to protect "as it was essential in a democratic society". 

"This form of journalism is a clear example of the role of the media as a public watchdog to protect the interests of the public. The court is duty-bound to protect this kind of journalism... The article in question led to the authorities to act after 17 years of lethargy during which [Mr Foca] was allowed to use a misappropriated piece of public land," the magistrate said in his judgment handed down this morning. 

The article had also revealed how tourists at one of Malta's prime beauty spots had an unpleasant experience when they were threatened for taking photos of the illegal structures that remained in place despite two enforcement notices. 

Magistrate Depasquale said that the misappropriation of public land and the illegalities on site had gone unpunished for a number of years and it was only after the story appeared on the front page of The Times of Malta that action was finally taken the public land returned to the public. 

The magistrate said: "It is amply clear that the damage suffered by [Mr Foca] was not to his reputation but to the fact that he could not longer enjoy a private terrace he had built on public land that he had misappropriated," the magistrate said as he ruled in the newspaper's favour.