Blogger Daphne Caruana Galizia stormed out of a courtroom this morning after a brief but heated exchange with a lawyer representing Economy Minister Chris Cardona.

During the sitting, Dr Pawlu Lia, representing Dr Cardona, insisted that the precautionary warrants requested by Dr Cardona pending court decisions on four libel cases were justified.

Dr Cardona instituted four libel cases after Ms Caruana Galizia reported that the minister and his aide Joe Gerada had visited a brothel in Germany while on official business. A court provisionally upheld the request for the warrants, freezing €47,000 in Ms Caruana Galizia's account.

Ms Caruana Galizia is contesting the warrants.

Her lawyer, Joseph Zammit Maempel, pointed out that this case involved moral and not real damages.

He asked how such damages could be quantified and at what stage could moral damages be converted to a credit. The damages may be quantified only when a court found that the publication was defamatory.

He also pointed out that the last 100 or so libel judgments hardly ever granted maximum damages.  

Moreover, Ms Caruana Galizia had property and business so why issue warrants on her bank accounts?

Both the government and opposition were agreeing that precautionary warrants against journalists should be removed. Although this suggestion had not yet become law, EU law and judgments by the ECHR stated that freezing the assets of journalists went against their right to freedom of expression.

Thus, was it right to issue such warrants at this stage?

Minister Chris Cardona.Minister Chris Cardona.

'A lie for political reasons'

Dr Lia, in reply, said the court had to apply the law as it stood today. Should the defendant feel aggrieved she could resort to a constitutional remedy.

Ms Caruana Galizia from the comfort of her home had a habit of writing about anybody, he said. In her blog she alleged that Dr Cardona and his consultant went to a brothel in Germany and engaged in a threesome with a female prostitute. The story was repeated several times for the blogger's personal profit. The greater the number of clicks, the greater the income generated via Google ads, he said.

Dr Lia remarked that Ms Caruana Galizia had stated a lie intended to stir up hatred against Dr Cardona for political reasons as envisaged under the Press Act.

She did not criticise his work while attending the conference in Germany but merely made up a story to stir up hatred and ridicule him.

Caused harm to his children? Me?... He should be ashamed of himself, a married man going with prostitutes

This was intended to garner political advantage for those who supported her writing.

The facts alleged were obscene and outrageous, thus calling for maximum punishment for the harm caused.

Dr Lia observed that the minister's children, while studying for exams, had to endure comments by their friends regarding the alleged antics of their father.

At this point, Ms Caruana Galizia burst out saying that it was the minister himself who embarrassed his children and that it was common knowledge that he cheated on his wife.

Caruana Galizia: 'He should be ashamed'

Replying, she charged: "Caused harm to his children? Me?... He should be ashamed of himself, a married man going with prostitutes. It's sickening," she said, as she stormed out of the courtroom declaring that she would listen to "no more of this rubbish".

The magistrate warned her lawyer to advise her not to repeat the scene.

Dr Lia said that since Ms Caruana Galizia had many previous court cases where she did not pay the fines imposed, the precautionary warrants were justified and not excessive especially when one considered the harm she had done.

Dr Lia concluded by declaring that he felt very strongly about this issue and wanted to safeguard democracy.

The proposed changes by parliament to abolish precautionary warrants against journalists are not necessarily a step in the right direction but no one has the right to spew hatred and escape punishment, he argued.

Constitutional rights issues were not always clear cut. Moreover, one must bear in mind that rights and obligations went hand in hand. Real journalists should safeguard true facts. Ms Caruana Galizia called herself a journalist but she is not, the lawyer remarked.

Dr Zammit Maempel pointed out that his client was ready to face these proceedings so as to prove her case.

 

Sign up to our free newsletters

Get the best updates straight to your inbox:
Please select at least one mailing list.

You can unsubscribe at any time by clicking the link in the footer of our emails. We use Mailchimp as our marketing platform. By subscribing, you acknowledge that your information will be transferred to Mailchimp for processing.