Former government official Neville Gafà has raised an issue of translation in his attempt to strike down the testimonies given in libel proceedings by five Libyan witnesses in the alleged medical visas scandal. 

The issue was brought up by Gafà himself when testifying in a constitutional lawsuit he had instituted in October 2019, days after what he claimed to have been a “mise en scene” played out in court whereby the five Libyan men had testified via an “amateurish” video call.

That call was set up in libel proceedings Gafà had filed against The Malta Independent on Sunday, as represented by its former editor David Lindsay, over reports claiming that the former government official had asked for money in exchange for visas and medical treatment meant to be given freely to war casualties from Libya. 

Five of those war casualties had stepped forward to testify against Gafà, doing so via the video call that took place on October 28, 2019. 

Three days later, Gafà’s lawyers filed a constitutional application, lambasting the entire set-up of that video conference which was not only poor in quality but also conducted in a disorderly fashion, with clear “communication difficulties” along the way. 

“It was a virtual hearing from a sitting room in what appeared to be a tent, with the witnesses talking across each other,” explained Gafà when testifying in the case where he is claiming that he suffered a breach of rights on account of the manner whereby those testimonies had been conducted.

Questions to the Libyan men were put in Maltese by Lindsay’s lawyer and were then translated to Arabic by a local court interpreter, explained Gafà who was present throughout that libel hearing before the Magistrates’ Court.

The witnesses gave their answers in Libyan.

And that was where the translation issue arose, said Gafà, pointing out that the local court interpreter was a Syrian national who spoke Arabic that was quite different to the Libyan dialect spoken by the witnesses.

“I personally understand classical Arabic.. But I speak Libyan Arabic and Tunisian,” went on Gafà.

“Was there someone who understood Maltese in Libya,” asked presiding Judge Anna Felice. 

“No,” came the reply.

He had immediately drawn the magistrate’s attention to the fact that the translation was not completely correct, went on Gafà.

“I realised that the translation by the court interpreter of what was being said in Libya was not accurate.”

The matter did not stop there.

Later, outside court, Gafà had confronted the interpreter over those inaccuracies, confirming the translation difficulties encountered. 

Before Gafà’s testimony, his lawyer Mark Vassallo informed the court that a soft copy of the transcripts of the testimonies of those five witnesses could not be traced on the courts’ digital system.

The lawyer was informed that a soft copy was non-existent and that the only copy was a written one, currently in the relative case file before the magistrate. 

The court ordered the registrar of the civil courts and tribunals to present a copy of the transcripts together with a copy of the audio-visual recording of that October 28 sitting when the case continues in March. 

In their application to the First Hall, Civil Court Gafà’s lawyers requested the court to declare that the applicant’s right to a fair hearing had been breached and to order the removal of the video call footage and relative transcripts of evidence from the records of the libel suit. 

Those libel proceedings are currently awaiting judgment.  

Lawyers Edward Gatt and Mark Vassallo are assisting the applicant. Lawyer Peter Fenech represented the respondent joined in the suit. Lawyer Maurizio Cordina represented the State Advocate.