Minister Helena Dalli’s husband has filed a judicial protest claiming that his rights were breached by an appeals court, which dismissed a libel case he had opened over articles in the Times of Malta.
Patrick Dalli had filed two libel suits against former Times of Malta journalist Caroline Muscat over a series of articles investigating irregularities in works carried out in Dalli’s property in Żejtun.
In July last year the Court of Magistrates had condemned Muscat to pay a total of €10,000 in libel damages, but this judgment was overturned on appeal earlier this month.
In the judicial protest against the Justice Minister, director of courts and attorney general, Mr Dalli attacked the reasoning used by the Court of Appeal.
The court had gone beyond the facts of the case he said, using “totally incorrect and surprising” arguments and “passing comment on his financial liquidity”.
He argued that the court had not taken into account real estate assets and what he was set to gain from the sale of properties.
Mr Dalli dismissed the articles about his Żejtun works as “venomous and untrue” journalism provoked simply because he was married to an MP.
In the appeals court ruling, Mr. Justice Anthony Ellul had praised Mr Dalli’s wife, minister Helena Dalli, for taking the criticism on the chin.
“[This is] a classical example where the libel laws were not used by a public person as a political weapon against freedom of expression, and it serves as an example,” the judge had said.
Mr Dalli said that that compliment had been given “sarcastically and cynically” and said the reasoning given in the judgments prejudiced his right to family life, he said.
Mr Dallia said he is seeking legal remedy and would be holding defendants liable to damages if this was not forthcoming.
The protest was signed by lawyers Edward Gatt and Mark Vassallo.