Fined for defaming John Dalli

The editor of L-Orizzont was yesterday fined Lm100 for defaming Finance Minister John Dalli by publishing a false bank statement over four years ago.

Magistrate Michael Mallia found editor Francis Ghirxi guilty of criminal libel and of maliciously or carelessly spreading false news about Dalli when he allowed the publication of a false Midland Bank Trust Corporation (Jersey) Limited bank statement on the front page of L-Orizzont's November 18, 1999, issue.

The case started when L-Orizzont published a copy of the bank statement that was the subject of criminal proceedings taken against accountant Joseph Ellul Grech who was charged with circulating forged documents.

In light of the publication the minister, who insisted that the documents were false, asked the police to take criminal action for libel against Ghirxi. Ghirxi argued that he did not intend to defame Dalli and that he brought news that was of public interest to the public's attention, as was the duty of the press.

He also told the court that he had received a copy of the bank statement long before but waited for the case against Ellul Grech to start before publishing it. He explained that since the documents published formed part of the court proceedings against Ellul Grech they were in the public domain.

But Magistrate Mallia noted that the documents had been exhibited in court on November 30, 1999, that is, 12 days after publication.

The magistrate ruled that the statement referred to Dalli's personal bank account, which had nothing to do with his public function, and therefore was not of public interest. Moreover, Ghirxi had got hold of the information personally and not from court and therefore could not invoke the rights of the press.

The magistrate added that the way the document had been manipulated should have caused enough suspicion to make use of all necessary precaution before even daring to publish.

But it seemed that Ghirxi did not take precautions and decided to publish the document, that was defamatory towards Dalli, as soon as he had the opportunity, the magistrate said.

Apart from that the documents were published on the front page and given more prominence than the report on Ellul Grech's court case, and this constituted "sting in the libel", he added.

Police Inspector Mario Tonna prosecuted.

Dr Joseph Zammit Maempel appeared for the defendant.