A court has dismissed a libel case filed by former MEP Labour candidate Cyrus Engerer against the Nationalist Party over comments which appeared on its website during the last general election campaign. 

Mr Engerer, who is currently the Prime Minsiter's special envoy to the EU, had taken exception to being described as a backstabber in a 2012 opinion piece uploaded to the the PN’s www.mychoice.pn website. 

“This is why the ‘positive’ campaign cannot be anything but a charade. It comes after a legislature of negative campaigning. A year ago Cyrus Engerer was hailed a hero for recording his colleagues during a Local Council meeting. We all heard the tapes, the PN Counsellor was hounded and resigned. Backstabbing your own colleagues pays off – today he is the face of new Labour and honorary editor of the great Leader’s book," the piece read. 

At the time of the incident referred to in the opinion piece, Mr Engerer was serving as Sliema's deputy mayor under the PN ticket. The tapes, published on the social media, featured a conversation between former Sliema Mayor Joanna Gonzi, Mr Engerer and a third unnamed person. 

The conversation centred on allegations against PN councillor Bobby Cali and PL councillor Martin Debono, who were arraigned and later acquitted over the misappropriation of laptops. 

In the recording Ms Gonzi was heard saying that she wanted to “kill off” the two councillors. Mr Engerer was also heard telling her that “it would be easier to hit them with a large hammer”. 

The defendants argued that the article was not libellous since it consisted of an expression of opinion based on correct facts and thus amounted to fair comment or value judgement on a public person. 

Magistrate Francesco Depasquale noted that Mr Engerer was a public person and was involved in politics at the time the opinion was penned. He was therefore subject to a higher level of scrutiny. 

While it had not been sufficiently proven that Mr Engerer had recorded the conversation, the court held that it was substantially possible that he had recorded the conversation. 

Ms Gonzi had claimed that Mr Engerer had told her that he had recorded her and had also threatened to use it against her. She had also testified that the meeting was an informal one held at her own home, where only Mr Engerer and another person were present, meaning there were only two people who could have made the recording. 

It was also clear, the court held, that Mr Engerer had suggested hitting his local council colleagues “with a big hammer” so the backstabbing comment was therefore justified.

This court makes it clear the while the law and the courts are there to protect every citizen from injustices and damages, those who choose to enter the political arena have to be ready to fight for their beliefs in the political arena and not in the judicial aren

Comments to the effect that Mr Engerer had changed sides sides and authored Prime Minister Joseph Muscat’s biography were also justified since the facts were correct. 

The court observed that, instead of challenging the allegations in the political arena - including by confronting those who had made the allegations - Mr Engerer had instead chosen to drag the issue into the courts in a bid to protect himself or to try and intimidate those making the allegations. 

"This court makes it clear the while the law and the courts are there to protect every citizen from injustices and damages, those who choose to enter the political arena have to be ready to fight for their beliefs in the political arena and not in the judicial arena."

The court therefore dismissed the case and ordered Mr Engerer to pay all court fees.