Malta Today's managing editor and a writer were today acquitted of criminal libel over an obituary penned in the memory of acclaimed writer Frans Sammut, after proceedings were instituted upon a complaint filed by the deceased's widow.
Frans Sammut died in 2011.The Sammut family had taken objection to certain remarks written in the obituary which had been published on May 8, 2011 just four days after the death of Frans Sammut.
The author's son, Mark A Sammut had communicated with the paper by means of a series of emails over the allegedly offensive piece. This had prompted Malta Today to publish two consecutive clarifications in the printed editions in the hope of resolving the matter out of court.
The editor had even offered to publish an apology with respect to certain comments featured in the original version of the obituary. References to the writer's failed literary career, his "boisterous personality" and his composure as a "stereotypical native from Żebbuġ" were felt to have been libelous by relatives of Mr Sammut.
For this reason, Catherine Sammut, widow of the deceased, had filed a police complaint for criminal proceedings to be instituted against the paper's editor, Saviour Balzan and Mark A Vella as the author of the obituary.
When testifying in court, Mr Vella explained that the writing had been motivated by a sense of "admiration" for the man who had not only been a prolific writer, but also a well-known figure in the political sphere. Mr Vella's idea was not to offend the memory of the deceased but rather to "show the different facets of this complex personality".
The court, presided over by magistrate Francesco Depasquale, observed that the ordinary reader would not have found the writing defamatory. Moreover, Ms Sammut had to appreciate the fact that, as a public figure, her late husband was subject to criticism.
The allegedly offensive piece appeared to reflect the writer's opinion of Frans Sammut who he looked upon as “a pillar of Maltese literature”, a point that was stressed in Mr Vella's testimony.
In the light of all evidence, the court cleared the editor and the writer of the charges of criminal libel.
Inspector Robert Vella prosecuted.
Lawyers Veronique Dalli and Dean Hili were defence counsel.