Former Opposition Leader Simon Busuttil stood firmly by a message he had tweeted in July, a day after a magisterial decision green lighting an inquiry into the controversial VGH hospitals deal.
Dr Busuttil, who is soon to assume the role of secretary general of the European People’s Party, was testifying in a libel suit filed against him by Finance Minister Edward Scicluna who felt aggrieved by the tweeted message.
“As a #eurozone country we CANNOT AFFORD to have a Finance Minister embroiled in a money laundering investigation. For the sake of our country @edwardscicluna MUST GO NOW, at least until he clears his name,” that message had read.
Asked to explain his public post, Dr Busuttil said that he had been commenting on a court report featured on Times of Malta about a decree delivered by Magistrate Claire Stafrace Zammit, upholding an application by civil society group Repubblika.
The NGO had requested the probe to establish if there was criminal complicity by Finance Minister Edward Scicluna, former minister Konrad Mizzi and Economy Minister Chris Cardona in the transfer of St Luke's, Karin Grech and Gozo hospitals.
“From the moment that decree was delivered, we could not afford to have a finance minister involved in such a matter. I’m not talking about the judicial arena but the political arena. The two are different,” said Dr Busuttil.
“Having a finance minister within eurozone implicated in a magisterial inquiry, is enough at the political level. He must resign at least until he clears his name. My job is in the political sphere. Nowhere am I saying that he is guilty,” stressed Dr Busuttil when asked to explain his choice of the term “embroiled”.
Lawyer Ivan Sammut, assisting the minister, who was also present in court, asked Dr Busuttil if he believed his comments were unreasonable, unjustifiable and unmerited.
“No,” came the reply, as Dr Busuttil went on to explain that the decree, though overturned on appeal, had been followed by a second application by Repubblika which was subsequently upheld and confirmed on appeal.
Asked about the hashtag added to his tweet, Dr Busuttil said it was a symbol used to promote a particular term to all those interested therein.
“I don't deny it was a public comment,” Dr Busuttil said, when asked to explain his intention behind the tweet.
“The finance minister was embarrassing our country and he’s still doing so today,” said the MP, confirming that his post was accessible to the public at large “including those who follow me or Scicluna or eurozone politics”.
That use of the hashtag in the allegedly defamatory comment was claimed to have been done intentionally by Dr Busuttil to tarnish the minister’s reputation with his “fellow eurozone ministers” at a “delicate” phase when Prof. Scicluna was in the running to being nominated EU Commissioner.
Dr Busuttil “wanted to intentionally inflict upon me the greatest possible damage,” rebutted the minister in an affidavit officially filed during Thursday’s hearing.
The choice of words “embroiled in a money-laundering investigation,” was indicative of the respondent’s “malicious” intent, giving the impression of “deep involvement” when as an MP, Dr Busuttil “knows very well that I’m not being investigated over any accusation of illegality.”
The Times of Malta court report itself had stated that, “the magistrate’s decision is to be appealed by the government,” said Prof. Scicluna, with reference to the report commented upon by Dr Busuttil.
Through numerous parliamentary questions, over 20 by Dr Busuttil himself, the respondent knew very well that the public concession over the state hospitals had been “issued, handled and determined by another ministry without any involvement of the Finance Ministry” the affidavit read.
Dr Busuttil knew that I had no say in the VGH negotiations, never met any representative from VGH nor affected any direct payments, said the minister, insisting that the tweet had been “in bad faith”.
The case continues in March.
Lawyer Peter Fenech assisted the respondent.