Libel suit dismissed

A libel suit filed by Joe Galea against Joe Mifsud has been dismissed by Mr Justice Philip Sciberras, sitting in the First Hall of the Civil Court.

Galea, Education Minister Louis Galea's brother, claimed that he had been libelled by Mifsud in the book entitled Id-Djarju ta' Ciro Del Negro published on May 1, 1997 and issued by the Information Department of the Malta Labour Party.

Mifsud pleaded that the book was not libellous and that the facts contained in the book consisted in a faithful and thorough report of matters that were in the public interest and that were acceptable in a democratic society. He further pleaded that the book was covered by privilege in terms of the Press Act.

The court examined the book and found it could not decide in Galea's favour as those excerpts of the book involving him were not libellous.

Mr Justice Sciberras declared that the book referred not only to Galea but to other persons too. The names had not been capriciously invented by Mifsud but were contained in the diary of Ciro Del Negro that had been seized by the police and exhibited in the criminal proceedings against Meinrad Calleja. Furthermore, the facts contained in the book resulted from publicly accessible documents.

The court noted that the publication of reports of proceedings before the courts were privileged provided they were fair reports. This privilege provided immunity from criminal or civil libel actions.

It also resulted that Mifsud had not commented nor expressed an opinion on the facts concerning Galea that he had reported in his book for the author had limited himself to describing the facts according to investigations and criminal proceedings.

Mr Justice Sciberras concluded by upholding Mifsud's pleas and dismissing Galea's libel suit.