A lawyer’s attempt to stop The Sunday Times of Malta from publishing a story on alleged breaches of the advocates’ code of ethics has been shot down by a court in Gozo. 

Lawyer Kevin Mompalao had requested the court to issue a warrant of prohibitory injunction against this newspaper after he received questions from it relating to his alleged misconduct. 

The allegations were made in a complaint about Dr Mompalao filed by Victor Borg to the Commission for the Administration of Justice, the judiciary watchdog.

Mr Borg, a freelance contributor to this newspaper, is involved in separation proceedings with his estranged wife, who was represented by Dr Mompalao.

Not the first time that reports to commission have been published

Dr Mompalao argued in court that proceedings before the commission were secret by law and therefore could not be made public.

This newspaper opposed the request, insisting that to uphold it would constitute a serious breach of the fundamental right to freedom of expression.

It might also have the effect of constraining journalists to publish stories without first asking questions of all parties. 

In a court judgement delivered on Friday, Magistrate Paul Coppini said that according to local and European Court of Human Rights jurisprudence, restrictions on freedom of expression could only stem from legal prescription, a legitimate aim or necessity in a democratic society.

The laws cited by Dr Mompalao were not meant to preclude journalists from publishing the contents of a complaint filed before the commission.

 “In fact, it is not the first time that details of reports to the commission have been published, even complaints regarding members of the judiciary,” the magistrate said in his judgement.

He lifted the provisionary warrant that had been issued in November against both Allied Newspapers Limited, publishers of this newspaper, and Mr Borg. Allied were represented by lawyer Stefan Frendo and Mr Borg by lawyer Carmelo Galea.

Complaint to the Commission for the Administration of Justice

Mr Borg filed a lengthy misconduct report to the Commission for the Administration of Justice complaining that Dr Mompalao had put his client, Mr Borg’s wife, to work as a domestic helper and participated in misleading the court in the process.

Last summer, Mr Borg’s wife, assisted by Dr Mompalao, filed a legal application in which she claimed she had a “medical problem” that precluded her from working. She requested that the court order Mr Borg to pay her maintenance.

Mr Borg tasked a private investigator to obtain proof that his wife was actually working. The investigator filmed her being picked up by Dr Mompalao’s wife and driven to their residence on several days, and also filmed her cleaning one of the windows of Dr Mompalao’s residence. This newspaper has seen the evidence.

Although a lawyer engaging his client is not impermissible, Mr Borg cited a rule in the code of ethics which lays down that an advocate “must never deceive or mislead the court”. He argued that since Dr Mompalao signed off on the legal application stating that his client was not working and could not work due to a ‘medical problem’, then Dr Mompalao knowingly participated in misleading or deceiving the court.

According to Mr Borg’s report to the commission, in an encounter between Mr Borg and Dr Mompalao the latter is heard to say – in a transcript that has been supplied to this newspaper – that he did not charge the woman for his legal services and she “helps” his wife once or twice a week “as friends”.

This newspaper then sent questions about the complaint to Dr Mompalao, citing public interest. He replied that the allegations were vexatious and “far from the truth, and are intended solely to tarnish my reputation and to put undue pressure on me as a lawyer”. 

He also asked the court to issue a provisional warrant of prohibitory injunction, which was upheld, only to be dismissed in Magistrate Coppini’s judgement on Friday.

Mark Wood, Editor

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