Carmelo (Charles) Vella, an official of the GWU, has appealed from a judgment of the Magistrates Court which had awarded George Abela €2,000 in libel damages.

The judgement had been delivered a few days before Dr Abela was inaugurated as President, it having been brought forward.

Mr Vella pleaded that the judgement was null as it was dated April 22 when it had in fact been delivered on April 2. He further pleaded that the article constituted fair comment on known facts and that the damages award was excessive.

The wrong date was a fundamental flaw in the judgement and rendered it null. The judgement's date marked the start of the period during which one could appeal and the period during which a judgement could be enforced. Any error in such a date was therefore critical and could be prejudicial to the parties to the suit.

Mr Vella also claimed that the press release constituted fair comment and that he had not been allowed to present evidence in order to defend himself. He had however proven that Dr Abela had been appointed a government consultant and that he had therefore been correct in stating that there was an affinity between Dr Abela and the PN Government. Mr Vella therefore requested the Court of Appeal to annul and revoke the judgement.