Angry words were exchanged outside the law courts between a crowd which gathered to support shadow minister Jason Azzopard before his arraignment on defamation charges today, and labour youths who set up posters in the same place.

Dr Azzopardi was arraigned by the police following a complaint by former Police Commissioner Peter Paul Zammit.

Dr Azzopardi was welcomed with applause as he arrived outside the court, with the Nationalist supporters shouting 'shame on you', addressed at the government.

Opposition leader Simon Busuttil appealed to supporters to ignore the Labour youths.

He reiterated his support for Dr Azzopardi. He said these proceedings were being held two days after the Panama Papers were published and the Icelandic prime minister had resigned.

But 44 days after the Panama scandal broke in Malta the prime minister had not acted. Instead the government has been trying to intimate whoever criticised the government and now in its desperation it also wanted to remove billboards criticising the government.

The arraignment was part of the campaign to shut up the PN, but it would not be intimidated.  

ONE RADIO REPORTER INCIDENT 

There was a rush to enter the law courts building however. A One Radio reporter who was holding a microphone, was pressed by the crowd and the police and was seen to fall. A man also fell to the ground and claimed he was hit by a microphone.

The court room was jam packed well before the arraignment started.

The case stems from comments made by Dr Azzopardi when he was shadow minister for home affairs 10 months ago about a file having been leaked from the police commissioner's office to MaltaToday. The press conference had centred on a report by the Data Protection Commissioner on the data leak. The leak involved information on Police Inspector Elton Taliana. Details had been  published on MaltaToday.

The Opposition has denounced the arraignment as undermining democracy.

The government has argued that the police acted independently on the basis of a complaint by a private citizen, but the PN has pointed out that when the comments were made, Peter Paul Zammit was still in the government employ, as head of the CHOGM security task force.

(See more at http://www.timesofmalta.com/articles/view/20160331/local/jason-azzopardi-to-be-taken-to-court-over-comments-about-former-police.607379 )

SITTING STARTS - FIRST EVIDENCE

When the sitting started, Magisrtate Joe Mifsud  ordered all those standing to leave the room except for lawyers.

He urged all to remain calm and civil at all times.

Lawyers  Joe Zammit Maempel and Stephen Tonna Lowell are appearing for Jason Azzopardi. Benjamin Valenzia is appearing for Peter Paul Zammit.

Dr Azzpoardi formally pleaded not guilty.

Saviour Cachia, Data Protection Commissioner was summoned as the first witness.

He exhibited a report, presumably the investigation regarding the data breach which resulted in a €500 fine on the former police commissioner. The report contains an explanation behind his decision.

Mr Cachia pointed out that he  never actually said that Peter Paul Zammit had leaked the file to Malta Today.

We never investigated the people responsible but the breach itself and he tried to establish if such thing had happened There was no evidence as who leaked the data, he said.

Cross examination by Dr Tonna Lowell pointed to excerpts of his report which said that Peter Paul Zammit had asked for the file, which was ws the dossier concerning Inspector Elton Taliana

Mr Cachia said that all files were in a dossier which only the Commissioner of Police could have access to.

He said he had received a formal complaint from Inspector Elton Taliana that a document from his personal file had been disclosed and he  asked for an investigation under the Data Protection Act.

Mr Cachia said the procedure was to open a probe and meet the data controller and in this case the then Commissioner of Police, as well as conduct an inspection. 

It was established the the copies that were leaked were actually a genuine copy.

This showed there had been a breach. Subsequently, he sought to give recommendations to tighten controls.

Dr Tonna Lowell asked whether this showed that a breach occurred during the tenure of Peter Paul Zammit.

Mr Cachia said it was not established when the file had been actually leaked.

Asked about the fine imposed on Mr Zammit, Mr Cachia said he had introduced a culture of administrative fines. The fine that was imposed was about half way up the scale of fines.

Mr Cachia said he only spoke to (then) assistant commissioner Michael Cassar as Peter Paul Zammit was no longer in office

Dr Tonna Lowell noted that the photocopies of the leaked files were presented during a libel case by Saviour Balzan (MaltaToday editor) on March 7 2015. And on August 21, 2013 Malta Today had published part of the file in a newspaper story. 

PETER PAUL ZAMMIT TAKES THE STAND - ATTEMPTS WERE MADE TO SETTLE THE CASE

Former Police commissioner Peter Paul Zammit, questioned by Dr Valenzia, confirmed that last December he filed a criminal complaint against Dr Jason Azzopardi. 

He recalled that on June 24, while he was at his office in the CHOGM task force near police HQ he learnt that Dr Azzopardi was holding a press conference. A short while later he got to know that the press conference was about him and that a report on the Data Protection story appeared on Times of Malta, of which he was still oblivious.

The media reported Dr Azzopardi claiming he had leaked the file (about Inspector Taliana). He categorically denied that he ever leaked the file to Mr Balzan. Most of the media corrected the earlier story reporting Dr Azzopardi's comments.

Rosette Thake (PN General Secretary) said that she was willing to apologise if there had been a mistake. He wrote to her, but did not receive a reply. At that stage he filed a criminal application.

Time elapsed, and eventually they met and an apology was issued. Subsequently he learnt that the case was appointed for today.

Magistrate Mifsud asked whether this meant that there had been an attempt to settle the issue.

Mr Zammit said there was.

Replying to questions by Dr Zammit Maempel, Mr Zammit said  he was police commissioner between April 2013 and July 2014. After he left the force strict auditing of all files became lax. Subsequently part of this dossier went missing. He had not meant to see how the leak happened after he left the post, and it was the present commissioner who should be asked.

Dr Zammit Maempel again asked Mr Zammit what steps he had taken. The former commissioner said there were no grounds to open an investigation. When he was commissioner, he became aware that a file went missing and he embarked on action to locate it. He was in charge of the investigation. He had no results of the investigation. There were no records of this file. There was a lack of transparency on the file's movements.

He could not say precisely when the file went missing, if it was really between July and August 2013. 

SAVIOUR BALZAN GIVES EVIDENCE

Saviour Balzan said he had confronted Dr Azzopardi dring his press conference, telling him that media reports were wrong as the documents presented in court in the Elton Taliana libel case  were not obtained from Peter Paul Zammit.

"I also told him that the Data Commissioner did not even have the decency to contact him," he said.

He also told Dr Azzopardi that he was defending a police inspector who was not fit for purpose.

(See more details at http://www.timesofmalta.com/articles/view/20150624/local/updated-former-police-commissioner-should-be-dismissed-from-chogm-task.573873 )

Mr Balzan recalled evidence he had given in proceedings involving Insp Taliana when he was investigated on alleged criminal links and his brother was allegedly involved in a bordello in Gzira. Mr Balzan said he had also given Police Commissioner Rizzo information on an arson attempt on his house. Hence Mr Taliana was being investigated.

Dr Zammit Maempel said Dr Azzopardi's press conference was on the data leak and not the pending case involving Elton Taliana.

Magistrate Mifsud said he only looking in this defamation case.

Mr Balzan exhibited documents which, he said, he had not got from Peter Paul Zammit.  The documents were about Inspector Talian's behaviour between 2006 and 2011. Dr Zammit Meampel objected. 

Mr Balzan said that despite the questions raised by the internal investigations, Mr Taliana was promoted. He did not remember exactly when he received the documents but a story was published in August 2013. So it must have been some three to four months earlier. The documents were published after Inspector Taliana filed a libel case.

The court then heard evidence from reporters who reported on the Data Commissioner's report and Dr Azzopardi's press conference. 

Inspector Darryl Borg testified that he had received a criminal complaint on December 21, 2015 from Peter Paul Zammit asking to take steps for defamation against Dr Azzopardi.  

Some time time later he met Peter Paul Zammit who told him attempts to resolve the issue had failed and so to forge ahead with the defamation case.

Dr Zammit Meampel  said his client was assuming full responsibility for what he had said in the press conference.

Joe Zammit Meampel declared in court that his client would assume full responsibility for what he had said in the news conference.

NO PERSONAL GRUDGE AGAINST MR ZAMMIT - JASON AZZOPARDI

Shadow minister Jason Azzopardi is now testifying. He is being cross examined by Dr Tonna Lowell.

Dr Azzopardi said "I do not deny what I said and assume full responsibility of what I said in my capacity as shadow minister. I am also ready to repeat my statement."

He said that, on June 24, the printed version of the Times of Malta published a story and the Opposition decided to hold a news conference. in which he represented the Opposition.

At the time, Peter Paul Zammit was part of the CHOGM task force. 

At this point, Magistrate Joe Mifsud asked Dr Azzopardi if he based the press conference on the contents of the story in the Times of Malta rather than the decision itself which he did not have a copy of.

Dr Azzopardi replied in the affirmative, saying, he based his statement on the story and not on the decision itself.

He noted that he was speaking in good faith and had called into account the political responsibility of the Prime Minister who had appointed Mr Zammit. Mr Zammit, he said, was not a private individual but a public figure.

The timeline, he said, was very clear.

The Data Commissioner had found that according to a sergeant major a file had been noted missing in July/August 2013. This was subsequently found in Mr Zammit's office when he resigned. The Data Commissioner had said that Mr Zammit had in fact requested the file.

Dr Azzopardi said that he never I never breached the red line, that of criticising somebody about his private role.

But to expect not to be criticised, when in a public post, and following such a ruling was unacceptable.

"I never tried to revile anybody," he said.

As a state of fact, he said, the Opposition was obliged to flag such case when there had been a €500 fine for a data breach which happened under Mr Zammit's watch. This is unprecedented.

"Were we expected not to criticise this matter," he asked.

Speaking about the attempts to resolve the issue amicably, he said that last December Mr Zammit wrote to Rosette Thake demanding an apology.

The letter was dated December 2.

Dr Azzopardi told the court he had been amazed as he had not been approached on the matter.

Yet he offered to meet Mr Zammit.

"I reiterate I was never approached with this offer before. It was a cordial offer in court, in the beginning of February. I heard Mr Zammit and understood he wanted me to apologise," he said.

Dr Azzopardi said he told Mr Zammit that he would go home and reflect on the matter. He was open to make a declaration to clarify the issue. He eventually wrote the declaration, in which he quoted part of the Data Commissioner's ruling.

But Mr Zammit did not accept it. Dr Azzopardi said he offered Mr Zammit the opportunity to add or remove anything to the declaration for consideration. This, he said, was on February 20.

On February 23, Mr Zammit wrote back insisting on the apology. Dr Azzopardi said he then told Mr Zammit he could not file an apology as he felt he was right in his remarks.

As for Elton Taliana, Dr Azzopardi said he did not want to go into the merits of whether or not he was fit for purpose. The issue was on the Data Commissioner's ruling.

"I do not blame any journalist who publishes certain material. But God forbid the Opposition would have not reacted to the ruling," he said.

Magistrate Mifsud asked Dr Azzopardi whether it resulted that there had been any inaccuracies in the report published on June 24.

The court also noted that certain conclusions were made on the basis of wrong pretexts.

Dr Azzopardi noted that on July 21, 2015 the Data Commissioner had reiterated his arguments when Mr Zammit had asked an explanation. He insisted that he had been criticising Mr Zammit in his capacity as a public figure.

Dr Tonna Lowell asked Dr Azzopardi if he had a personal grudge of if he was at loggerheads with Mr Zammit.

Dr Azzopardi replied: "No absolutely not, even though I had criticised his tenure as police commissioner."

Replying to questions by Dr Valenzia, Dr Azzopardi said that he did say that it was Mr Zammit who leaked the file, in line with the contents of the Times of Malta story which had said the same thing.

His statement did not mean that Mr Zammit leaked the file directly, but that ultimately, he was still responsible.

The court then pointed out that Dr Azzopardi was basing his claims on the Times of Malta story.

Had I known of such leaks, I would have launched an investigation - John Rizzo

Asked about the dossier, Mr Rizzo said it was kept by Human Resources and only the Commissioner or persons delegated by him or the administration had access to it.

Its movements, he said, should be recorded unless it was smuggled out.

This, he said, had been the procedure adopted for the past 41 years.

Dr Zammit Maempel asked if there were ever any cases of leaks of this particular file, to which Mr Rizzo said there were none during his tenure.

"If you know of any cases please alert me about them. I was disappointed when I saw the ruling," he said.

"Had I known of such leakages when I was still in charge, I would have launched an investigation. When I saw certain copies in the newspaper I was disappointed as some minutes were penned by myself," he told the court.

Dr Valenzia asked Mr Rizzo what was his reaction to the Data Commissioner's remarks that officer Taliana's file had not been traced. Dr Rizzo said that he was not aware of this.

Dr Valenzia quoted from the ruling which said that the file was last moved in 2008, even through additional notes had been added to it.

Mr Rizzo said that it could be that he filed the minute sheet and passed it on to HR for insertion in the file.

ZAMMIT NEVER GAVE ME OPPORTUNITY TO CLARIFY MATTERS WITH MEDIA - ELTON TALIANA

Cross examined by Dr Zammit Maempel, Mr Taliana recounted that his complaint to the Data Commissioner was filed after part of his personal file had been leaked to the media.

This, he said, was one of a series of attacks against him.

"It was not an isolated article in Malta Today, but something amalgamated to another story concerning the mistake in the arraignment of Darryl Luke Borg in August 2013."

Malta Today had also claimed that he was investigated over an arson attack in 200, he said.

The court told Mr Taliana that this case was not on his personal issues, but on the defamation charge involving Dr Azzopardi.

Mr Taliana said that in June last year, the Commissioner had concluded the investigation, and found that Mr Zammit was responsible even though the actual person who had done the deed was not identified.

He said that the time, he was never given an opportunity by Mr Zammit to clarify certain things with the media.

Video: Mark Zammit Cordina

AG RECOMMENDED POLICE SHOULD FORGE AHEAD - ASSISTANT COMMISSIONER NEVILLE AQUILINA 

Dr Tonna Lowell asked what kind of investigation were the police carrying out.

AC Aquilina replied that the probed was opened following the criminal application filed in December.

He said he asked the Commmissioner to speak to both parties and if need be to the Attorney General.

AC Aquilina replied that he had asked Mr Zammit whether they should issue charges in terms of the Press Act.

The Court pointed out that, in 1993, there had been legal amendments which stated that in cases such as press conferences, the ones liable would not be the those reporting but the source making the statement.

Dr Tonna Lowell asked if it was the AG who gave the advice to forge ahead.

AC Aquilina said the police presented the facts to the AG who recommended that this was case of a person against another and so they should forge ahead.

The Court asked Mr Aquilina if he asked Mr Zammit why he only decided to take action six months later, close to Christmas.

Mr Aquilina replied that Mr Zammit had every right to file it.

NOT INTERESTED IN SENDING AZZOPARDI TO PRISON - ZAMMIT

Both the defence and the prosecution will now be summarising the case and make their arguments in line with various legislation.

Magistrate Mifsud asked Dr Valenzia, who is representing Mr Zammit, why he had not pressed charges in terms of Article 24a of the Press Act.

"What are you after? A fine a prison term or are you happy with the clarification made by Dr Azzopardi?, Dr Mifsud asked.

Mr Zammit replied that he was not interested in sending Dr Azzopardi to jail or that he would be fined. He just wanted to set the record straight.

Dr Zammit Maempel, who is representing Dr Azzopardi, said that the fact that the leak happened after Mr Zammit requested the file meant that to some extent he was the person ultimately responsible for the failing of the Police Force Data Controller, who failed to prevent the leak.

Dr Zammit Maempel noted that Mr Zammit did not event open an investigation on the breach.

The Court asked Dr Zammit Maempel whether he thought that the original TOM report misguided Dr Azzopardi in his remarks on the case.

He said that while the original article was written by Ivan Camilleri, Ariadne Massa subsequently agreed to publish a clarification.

This was not to say that the Times of Malta was not correct in its stories, he said.

Also making submissions on behalf of Dr Azzopardi, Dr Tonna Lowelll said his client did not wish to win the case due to a legal shortcoming from the prosecution, but on the merits of the case itself.

The defence cited case law to make its case

Magistrate Mifsud deferred the case to April 15 for judgement.

The atmosphere as Dr Azzopari and Mr Zammit left the court room was relaxed and cordial. Magistrate Mifsud invited both to his office for coffee.

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