A member of a WhatsApp group chat who left a voice note threatening violence against lawyer and former Nationalist MP Franco Debono, was conditionally discharged after making a public apology that was accepted by Debono.

Charles Zammit, a Nationalist Party activist, had posted the recorded audio message on the closed group chat last November, at around the same time that Debono was nominated by the Opposition Leader as one of three possible candidates to chair the Broadcasting Authority. 

Scenes of Debono speaking in a raised voice at the recording studio of popular TV talk show Xarabank were the subject of discussion in the WhatsApp chat when Zammit made the threatening remarks, saying: “I wont rest until I smash his face.”

But Zammit immediately regretted his words explaining, in an apology uploaded on his Facebook page prior to his court hearing, that he never meant to hurt or harm the lawyer in any way nor instigate any such violence.

“I never wanted to hurt or harm Dr Franco Debono nor was it my intention to persuade anyone else to do any harm to Dr Debono. I believe that he is a valid man, a capable professional and a strong defender of human rights and everything that makes a strong democracy. That is why I am apologizing to Debono and publicly extending the hand of friendship to work together for the good of democracy. I believe in free speech and sincere dialogue without hatred,” he said in his post.

Debono publicly accepted that apology, reiterating his position in court on Friday when he informed presiding magistrate Ian Farrugia that he was withdrawing his complaint and wanted to put an end to the matter. 

While thanking defence lawyer Silvio Brincat for stepping in to mediate and help bring the issue to an amicable end, Debono said that he had accepted Zammit’s genuine apology. 

The accused’s lawyer underlined the fact that Zammit had immediately regretted his comment and fully cooperated with police, further casting doubt on whether the circumstances fell within the legal parameters of the offence of hate speech. 

After hearing submissions the court declared the accused guilty upon his own admission, conditionally discharging him for six months and ordering him to pay a fine of €100.

Zammit was charged with inciting hatred or violence, insults and threats as well as misuse of electronic communication equipment which meant that he could face a possible maximum jail term of 18 months and a fine which could run into thousands of euros. 

Inspector Kylie Borg prosecuted. Lawyer Silvio Brincat was defence counsel. 

Lawyer Marion Camilleri assisted Debono.