Justice Minister Owen Bonnici and the Director General for Public Cleansing were accused in court on Monday of breaching the right of freedom of expression when they repeatedly removed the makeshift memorial to journalist Daphne Caruana Galizia in Valletta.
Blogger and activist Manuel Delia in an application before the First Hall, Civil Court, said their actions constituted a breach of fundamental rights.
He recounted how on Saturday, September 15 at around 10.30am he and other activists had placed a banner showing the Maltese flag, the word 'Justice' and an image of Ms Caruana Galizia on the boarding erected around the Great Siege Monument.
Numerous persons had also placed candles and related items.
Later that day the banner and the other items were removed and Mr Delia said he filed a police report. Whilst at the police station, he was informed that it had been workers from the Cleansing and Maintenance Department within the Justice Ministry who had been tasked with the removal of the banner, flowers, candles and the rest.
In the presence of police officers, his lawyers had written to the Director General, Ramon Deguara, who confirmed that the objects had been removed by his employees.
Mr Delia recalled how, also on Saturday, he filed an urgent request for a court injunction to stop the authorities from dismantling the memorial again. However, the injunction was not provisionally upheld.
Activists mounted guard on the memorial on Saturday night ahead of a vigil marking the 11-month anniversary of the murder.
Workers from the Cleansing Division once again turned up early on Sunday morning, but they left after noticing the activists.
Three days later, however, the memorial was once again cleared up and the items were this time deposited in the court registry.
Mr Delia said the memorial had so far been cleared 17 times and he could confirm after the events of September 15 that public workers who fall under the responsibility of the Justice Ministry were involved.
Since it was clear that the procedure of issuing a prohibitory injunction against the defendants was not going to be respected by the defendants, Mr Delia said he had no option but "to seek to safeguard his fundamental rights before the court".
Claiming a breach of his right to freedom of expression, Mr Delia called on the court to analyse whether there was State interference, whether this interference was legal and for a legitimate purpose and whether it was necessary in a democratic society.
The only reasons the banner could be removed, he argued, were national security, territorial integrity, public safety, prevention of crime, protection of health and morals, protection of the reputation or rights of a third party and maintenance of the authority and impartiality of the judicature.
Besides requesting the court to declare a breach of rights in his regard, Mr Delia requested the court to order the items to be returned to their lawful owner. He also called on the court to award pecuniary and moral damages in his favour besides providing the necessary safeguards.
Lawyers Jason Azzopardi, Karol Aquilina, Therese Commodini Cachia, Eve Borg Costanzi and Paul Borg Olivier signed the application.