Stagno Navarra fails to appear in court over hate speech case against lawyer

Lawyer Andrew Borg Cardona appeared in court on Thursday facing hate speech charges, but the case was adjourned after complainant Karl Stagno Navarra failed to appear.

Borg Cardona is accused of inciting hatred after allegedly posting a comment on Facebook asking: “Can we make euthanasia compulsory for Labour trolls?”

The case was initiated following a report made by Stagno Navarra to the police.

Police Inspector James Mallia told the court that officers attempted to serve Stagno Navarra with a summons on two separate occasions.

 A constable and a sergeant visited his registered address, but failed to locate him. The inspector said he then contacted Stagno Navarra by phone, and the latter confirmed he had been informed and would attend the sitting.

Despite this, Stagno Navarra did not appear in court. His name was called nine times at different intervals throughout the sitting.

The court noted that while the summons had not been physically served, the police inspector had informed him directly by phone.

Defence lawyer Kris Busietta argued on Thursday that since these were summary proceedings initiated by the alleged victim himself, the case should be dropped due to his absence.

“In summary proceedings, the case is heard on the date appointed. If the alleged victim had any interest, he would have attended,” Busietta said.

Asked why he could not be found at his registered address, Inspector Mallia replied that Stagno Navarra had told police he did not live there and had “no fixed address”.

Busietta maintained that it was Stagno Navarra’s responsibility to ensure his address was updated on his ID card, and that the court could not make exceptions.

While the defence pushed for the case to be dismissed, Inspector Mallia insisted on presenting the testimony of the alleged victim.

The court adjourned the sitting to a later date.

But in a Facebook post on Friday, Stagno Navarra appeared to believe the sitting was due to take place on Friday. 

"This morning I will appear before the Court where I will testify regarding a criminal complaint I had filed last May against Andrew Borg Cardona for hate speech against Labour Party supporters, in which he asked on Facebook why mandatory euthanasia is not carried out for Labour supporters," he said.

"More than 3,000 of you had signed a petition in support of this action. I thank the Police Force for acting on the complaint."

In a later post he insisted he was in court on Friday "at the time and day the Police asked me to be present".

The case is being heard by Magistrate Giannella Camilleri Busuttil. Inspector James Mallia is prosecuting. Lawyers Jason Azzopardi and Kris Busietta are appearing for the accused.