A magistrate yesterday praised Times of Malta for publishing a story that spurred the authorities to demolish an illegal structure about which nothing had been done for 17 years.
Magistrate Francesco Depasquale lauded the newspaper’s investigative journalism in his judgment in a libel suit filed by Charles Foca against Times of Malta editor-in-chief Steve Mallia and journalist Patrick Cooke.
Mr Foca complained that the article highlighting the illegally built private terrace on public land on the Victoria Lines near Rabat was defamatory.
He argued that the article gave the impression that he was a violent person and said that it was on the basis of the newspaper report that a Land Department enforcement officer called him a cowboy.
The article appeared on February 18, 2013 and, just over a week later, the planning authority moved in to demolish the illegal structure on which an enforcement notice had been pending for 17 years.
This form of journalism is a clear example of the role of the media as a public watchdog
The court noted the article exposed the misappropriation of public land by a tenant who built a wall and a gate and closed off access to the public. It was the “product of investigative journalism” which the court had the duty to protect because it was essential in a democratic society, it added.
“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 in 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.
The article also reported that tourists visiting 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 the misappropriation of public land and the illegalities on site had gone unpunished for a long number of years and it was only after the story appeared on the front page of Times of Malta that action was finally taken and the public land returned to the people.
“It is clear that the damage suffered by [Mr Foca] was not to his reputation but to the fact that he could no longer enjoy a private terrace he had illegally built on public land he had misappropriated,” the magistrate said, ruling in the newspaper’s favour.