A magistrate has referred a libel case to the Constitutional Court to deem whether simultaneous civil and criminal libel suits potentially breached the human right to freedom of expression.

Magistrate Francesco Depasquale upheld a request filed by Transport Minister Joe Mizzi and government spokesman Kurt Farrugia for the reference in a libel case instituted against them by former EU ambassador Richard Cachia Caruana.

The libel cases were about allegations made about him on One Television in July 2012 which Mr Cachia Caruana claimed were aimed at tarnishing his reputation.

In an application requesting a constitutional reference, Mr Mizzi and Mr Farrugia claimed that their right to a fair hearing was being breached by having the same court deciding both the civil and criminal case.

However, Magistrate Depasquale ruled that this complaint was frivolous and vexatious since the level of proof needed for the criminal case was more onerous than that needed for the civil case. He said it was, on the other hand, beneficial to have the same magistrate presiding over the two case.

On the second complaint – that the case could have an effect on their freedom of expression – the magistrate decreed that this was a valid point that ought to be examined by a civil court in its constitutional jurisdiction.

In its considerations, the court noted that the application was filed three years after the case was presented in court, and, therefore, it could be intended to serve as an obstacle for court procedures. It added, however, that it was the court’s duty to protect freedom of expression.

The magistrate referred the matter to a higher court to decide whether the simultaneous action was potentially in breach of human rights. It will also decide whether filing the two cases was aimed at stopping them from exercising their right to freedom of expression.

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