One TV’s interview with the mother of murder victim Chantelle Chetcuti has been given the green light by the court, which revoked a provisional injunction while hoping the show is conducted “with full respect for rights”.

This was the outcome of a decision delivered on Thursday by Madam Justice Anna Felice two days after hearing submissions on an application by the lawyers of the man who currently stands accused of the murder. 

During oral submissions on Wednesday, Justin Borg’s lawyers argued that his right to a fair trial would be prejudiced if the interview was to go ahead during One TV’s Awla, conducted by lawyer Luke Dalli.

The One TV programme includes an interview with Miriam Chetcuti, whose daughter, mother-of-two Chantelle Chetcuti was fatally stabbed outside St Patrick Club in Żabbar in February 2020.

The respondents’ lawyer countered that the applicant ought to have sought other legal remedies and also argued that homicide was a “current theme” and thus deemed fit for coverage by the production team.

Moreover, the victim’s mother had a right to lament her daughter’s death, argued lawyer Matthew Paris, insisting that this would in no way breach Borg’s rights.

When delivering judgment, the court observed that the issue pivoted upon “an essential balance” between the right to the accused’s presumption of innocence that was fundamental to a fair hearing and freedom of expression of the broadcaster as well as the victim.

Chantelle Chetcuti seen with Justin Borg, who stands accused of her murder.

In such a small country, where “local” issues attracted “national” interest, this balancing act was a particularly “sensitive” matter. 

It was practically impossible to have jurors who would be “totally unaware” of information concerning the trial on which they are called to judge, said the judge.

The court also pointed out that the broadcaster had “a duty and right” to provide information especially regarding cases of general public interest. 

However, broadcasters had to “scrupulously” abide by the law, the judge said, citing the same subsidiary legislation which had been referred to by Borg’s lawyer during Tuesday’s submissions in court. 

The judge quoted the 'Guide on Art. 6 of the European Convention on Human Rights' which states that “in a democratic society, severe comments by the press are sometimes inevitable in cases concerning public interest”.

She also quoted that “the press must not overstep certain bounds, regarding, in particular, the protection of the right to privacy of accused persons in criminal proceedings and the presumption of innocence”.

In this case, Borg had based his claims on the programme’s promo, already aired on Awla’s Facebook page, which alone did not appear to violate his rights. The content of the programme as a whole was yet unknown at this stage, went on Judge Felice who had seen the clip.

Simply mentioning the applicant within the context of the show that was to deal with the subject of homicide, could not be said to violate his fundamental rights.

“The court hopes that the programme is conducted with full respect for rights,” and that applied also to the show’s Facebook page which was under the broadcaster’s control, concluded the judge, revoking the injunction. 

Awla presenter and lawyer Luke Dalli said the interview will be aired next week.

Lawyers Carlos Bugeja and Rene Darmanin assisted the applicant.