Updated - Adds comment by Edgar Galea Curmi -
Magistrate Francesco Depasquale this morning fined lawyer Toni Abela €250 after Dr Abela shouted at him during proceedings in a libel case.
The Magistrate also warned Dr Abela that the court would not tolerate such behaviour. In the records of proceedings, the Magistrate noted that Dr Abela had shouted at the court and insulted it. He warned that unless Dr Abela paid the fine by the next sitting, in early, February, he would take all the necessary steps against him.
The outburst took place when the court was hearing a libel case instituted by Edgar Galea Curmi, the prime minister's chief of staff, against the managing editor of MediaToday, Saviour Balzan.
Mr Galea Curmi complained about an article by Mr Balzan entitled Throwback to Mintoffian times in which it was alleged that Mr Galea Curmi had leaked a story about Harry Vassallo and outstanding VAT payments. It was claimed that Mr Galea Curmi had gone to Mr Balzan's house to give him details of the story.
Giving evidence today, Mr Galea Curmi denied the claims and said he never even had this information about Dr Vassallo. One would have been stupid to believe that the story would have done any good to the Nationalist electoral campaign, and one would be even more stupid to leak this story to MaltaToday, which was so anti-government.
He said he found out about the case during a press conference when MediaLink journalist Ray Abdilla asked Harry Vassallo about the outstanding VAT payments.
Mr Galea Curmi said he had written to Mr Miruzzi at the court registry to find out what this case was all about since the police were to institute proceedings.
Mr Galea Curmi said the article in MaltaToday was written in a way which linked it to the Cyrus Engerer case and implied that he could have done something against Cyrus's father.
In cross examination by Dr Abela, Mr Galea Curmi said he did go to Saviour Balzan's house, in February 2008. At the time, Mr Balzan was going through a difficult time. Mr Balzan had asked to speak to him but could not leave the house.
He could not remember who opened the door and what he (Galea Curmi) was carrying, but it was not a file.
The conversation primarily was about problems in the health service, particularly the oncology ward, and how they could be sorted out.
Mr Galea Curmi said that in another article, Mr Balzan also alleged that during his visit, he had leaked information about alleged mental problems suffered by a certain Joe Said.
The two stories, about Harry Vassallo and Joe Said, came out three-and-a-half years after they allegedly happened, Mr Galea Curmi said, in an attempt to back up arguments that he had allegedly acted against Cyrus Engerer.
Mr Galea Curmi said that during his visit, he remembered that Mr Balzan brought up the subject about Mr Said, and he had told him that the prime minister did not like this type of information to the be used in the electoral campaign.
Mr Galea Curmi, replying to questions, confirmed that Mr Said had filed a complaint against him before the Data Protection Commissioner about the forward of an e-mail, but lost his case. The case involved an e-mail praising the government, which Mr Said had sent to the prime minister and which he (Galea Curmi) forwarded to a third person.
Replying to a question by Dr Abela, Mr Galea Curmi said he had forwarded the e-mail to Lou Bondi'. He explained that Mr Said had first praised Dr Gonzi in the e-mail, then criticised him on a television programme.
Asked if this e-mail was forwarded before or after the meeting with Saviour Balzan, Mr Galea Curmi said he did not know.
At this point Magistrate Depasquale asked Dr Abela what this had to do with the case before the court. He said questioning had gone off at a tangent. He asked him not to resort to theatrics (xenati) because of the presence of the press.
Dr Abela shouted at the Magistrate to let him do his job and said he was being constantly interrupted by lawyer Joe Attard Maempel.
The Magistrate said he expected far better behaviour from a lawyer and politician of certain experience, and he immediately fined him €250 for contempt of court.
Dr Abela noted in the court proceedings that while he was conducting cross-examination, he was continuously interrupted.
The magistrate in putting off the case, warned Dr Abela that unless he paid the fine by the next sitting, he would take all the necessary steps against him.
EDGAR GALEA CURMI REACTS
In a eaction to comments submitted by readers, Mr Galea Curmi this evening said:
"For the information of your readers, on the 3 February 2008, I sent the following extract from an email Mr. Joe Said had sent to the Prime Minister after he met him on the 23/12/2008, a meeting to which he referred as "tat-tmejjil" in a TV programme on the 14 January 2008:
"I must so heartily thank you for your time and patience afforded to me last Friday morning. You are an exceptional man, the Lawrence I had met years ago at your dear uncle's residence during some of his socials at his residence in St Paul's Bay. I cannot remember of many politicians who remained so humble, especially when reaching the status of Prime Minister." (Email from Jo Said to PM, dated 23/12/07)
"In the TV programme referred to above, Mr. Joe Said had said the following on PM Gonzi: "Fejn qabel dik is-'smile' ta' Gonzi kienet 'smile' f'dik is-siegha u nofs [concerning the same meeting referred to in the extract above] 'that smile became a smirk' jigifieri, skond kif deskritta minnu stess tfisser 'qed jitmellah bik"
"The Data Protection Commissioner had dismissed the complaint that Mr.Joe Said had filed against the Prime Minister on the basis that disclosing the above extract was "justified to defend the Prime Minister's legitimate interests", Mr Galea Curmi said.
(The Data Protection Commissioner's report was published at the end of July 2008).