George and Alfred Degiorgio both refused to testify on Monday when summoned as witnesses by lawyer Christian Grima in a libel suit filed against him by former Prime Minister Joseph Muscat.
The defamation proceedings stemmed from a Facebook post wherein Grima, reacting to comments by Muscat’s wife Michelle about the murder of Daphne Caruana Galizia, retorted that Muscat “blew up” Caruana Galizia.
Muscat’s wife had commented in a video clip that she was more sorry about “what happened to her [Daphne]” than the journalist’s own family.
Grima replied to that post stating: “Your husband blew her up, Michelle. That’s what happened to her.”
When testifying in his own case, Muscat stressed that Grima’s words “left no room for interpretation”.
The lawyer’s comment “stated clearly that I was the perpetrator or somehow involved in the murder,” testified the applicant.
Earlier on in the proceedings Muscat’s lawyer, Pawlu Lia, requested the court to invert the burden of proof.
Grima had to prove the veracity of his allegations since he claimed that his comment was not defamatory because it was true.
The court upheld the request by Muscat’s lawyer and Grima’s lawyer subsequently summoned the two Degiorgio brothers who last October were sentenced to a 40-year jail term after admitting their role as hitmen in the journalist’s assassination.
They have since appealed that judgment and the case is pending judgment before the Court of Criminal Appeal.
The two brothers were escorted from the Corradino Correctional Facility to court on Monday but when summoned to the witness stand, they separately stated that they “did not wish to testify at this stage”.
Following their brief appearance, Grima’s lawyer pointed out that he intended to summon other witnesses who were still facing criminal proceedings or others possibly still not investigated at this stage.
For the sake of not having a repetition of what happened on Monday, lawyer Carl Grech asked the court whether it should suspend the libel hearing until those criminal proceedings were wrapped up.
Muscat’s lawyer asked Grima’s lawyer to indicate the witnesses he intended to summon and the object of proof sought.
“Otherwise we’ll be playing about about with the court’s time,” said Lia.
Magistrate Victor George Axiak directed the defendant’s lawyer to indicate the list of witnesses and the object of proof by means of a note to be filed in court within one month.
Lawyer Noel Bianco assisted the Degiorgios.
The case continues.