A man who claimed that Times of Malta defamed and dishonoured his murdered brother, by reporting that he was homosexual 25 years ago, had his case thrown out by the civil courts.

The case goes back to 1999 when 52-year-old Joseph Formosa was found stabbed to death on December 6, 1999, in his Qawra flat. The murder remains unsolved. 

In an article published on December 9, titled ‘Man found dead in bed with 13 stab wounds’, Times of Malta reported that Formosa was homosexual.

Formosa’s brother, Ivan Formosa, initiated criminal libel proceedings against three newspapers: Times of Malta, L-Orizzont and In-Nazzjon. He argued that their reports about Joseph Formosa’s homosexuality were defamatory and dishonoured his memory.

Ivan Formosa also filed a libel suit - against Times of Malta editor of the time Victor Aquilina and journalist Sharon Spiteri - in the civil courts making the same claims and requesting to be paid for the damages he suffered.  

Mr Justice Francesco Depasquale, who presided over the First Hall of the Civil Court, has now ruled that “in no way should the fact that a journalist writes that a person is a homosexual be considered as something that ridicules or dishonours that person”.

The judge found that the report was investigative and factual  - especially after hearing Ivan Formosa testify that Joseph Formosa’s estranged wife had told him that he was a homosexual after his murder.

The judge noted that the fact that Ivan Formosa was not aware about this, did not make it defamatory.

The civil court’s decision echoed the rationale used by the criminal courts: In May 2008 the Magistrates' Court found that the fact that the articles described the dead man as a homosexual could not be interpreted as tarnishing the man's reputation and cleared the three newspapers of publishing libellous material.

Ivan Formosa appealed and, in December that same year, his appeal was thrown out and the original judgment confirmed.