A sizeable crowd today turned up outside the Law Courts in Valletta in support of Nationalist MP Jason Azzopardi, who faced a criminal defamation case instituted by former police commissioner Peter Paul Zammit.
All the witnesses were heard in one sitting that lasted three and a half hours and a judgment will be given on 15 April at 8.30am.
The case has raised political controversy in the past weeks with the Opposition claiming it is an attempt to silence the Nationalist Party, with the government replying that this was a case filed by a private citizen. The PN replied that the case refers to a time when the "private" citizen was a police commissioner.
Jason Azzopardi arrived to a roaring crowd, showing their support and chanting “Panama” and “Jason”.
The sizable crowd lingered, even after Dr Azzopardi entered the courts, and in fact, a few stayed all the way till the end when he emerged around three or four hours later.
The crowd was addressed by Simon Busuttil right before the case began, but problems with Labout Party Youth and a One News reporter became evident early on in the day, with some shoving matches taking place.
When the sitting started, Magistrate Joe Mifsud said that all the people standing inside the room, with the exception of lawyers, had to leave the courtroom. Lawyers Joe Zammit Maempel and Stephen Tonna Lowell are appearing fro Dr Azzopardi, while Dr Kevin Valenzia is representing PP Zammit.
The Magistrate clarified that this is not a criminal libel but defamation. This quashed the Labour stand that the Nationalist Party is complaining about a type of case (criminal libel) that Dr Busuttil had himself instituted against a Labour Party president in the past.
Dr Azzopardi has pleaded not guilty.
First witness: Saviour Cachia - Data Protection Commissioner. Presented the report he had drawn up after the leaked file controversy (of Inspector Elton Taliana, which ended up at Maltatoday.) "I did not say that PPZ had leaked the report. A witness had said that Zammit had requested the file.
During cross examination by Tonna Lowell, it emerged that Taliana's file was found in a room adjacent to Zammit's. This according to the testimony that was given by a sergeant major. But I could not establish if the file was actually delivered to Zammit personally."
The witness confirmed that, according to the Sergeant Major, Zammit had requested the file and, when he resigned as commissioner, it was still in his office.
It was established the the copies that were leaked were actually a genuine copy.
Cachia said he had spoken to Michael Cassar (Zammit’s successor) and a few other police officials.
He said his office investigated the actual breaches and not the people who obtained the information.
He did not speak to Zammit, because he was no longer police commissioner when the breach was reported.
Dr Zammit Maempel said the file ended up in the media around a month after Zammit requested the file.
The last recorded file movement was in 2008. There were failures in the system and these were addressed.
Next up on the witness stand was Peter Paul Zammit. He said he filed a police complaint on 21 December 2015. He said he was in the CHOGM Task Force office in June 2015 when Jason Azzopardi mentioned him in a press conference. He read an online news report that included a link to the report he did not know existed until then. There were discrepancies between what the report said and what the report in the Times said. He received a call from an editor, who excused herself for the mistakes and said they would be corrected. In the meantime, all the media had picked up the story. He said there was nothing to indicate that he had leaked the file to Saviour Balzan.
He said he had also had an email conversation with Daphne Caruana Galizia, who also corrected her report.
PN Secretary General had also said that the PN media would apologise for any reporting mistakes. No apology had been made by December, at which point he decided to file the complaint. He was wiling to withdraw the complaint but the PN did not apologise. Thake called him again to tell him Jason Azzopardi wanted to meet him. The meeting was held and Azzopardi promised to apologise. A form of apology was made by the PN MP. Mr Zammit exhibited the emails in court.
“So there was an attempt to avoid bringing this to court?” Magistrate Joe Mifsud asked. “Yes,” Mr Zammit replied.
Asked why he had requested the Taliana file, Mr Zammit said this was to verify claims being made in the media. He said an “integral” part of the dossier was missing. It no longer existed. Asked if he had minuted this, Mr Zammit said he had not. He said at some point the file movement recording system stopped being used and part of the file had vanished.
When the story (using leaked information) was published he checked the file. He did not take action. “So you found that there was a serious data breach yet you took no action,” Dr Zammit Maempel stated. “I did not know if the breach reported at the time (when he was still commissioner) consisted of leaked documents or by word. It was established that documents were leaked at a time when I was no longer commissioner.”
"I cannot investigate if those who have the facts in hand keep them hidden,” Mr Zammit said.
The prosecution then called Media Today Managing Editor Saviour Balzan to the stand.
He said he found out that Jason Azzopardi was going to hold a press conference and assumed what the subject was. He decided to attend. “I confronted Azzopardi and told him that what was said in the media was incorrect. The documents I presented in the libel case between Elton Taliana and (MT journalist) Raphael Vassalo were not given to me by Peter Paul Zammit. I also said the Data Commissioner did not even have the decency to speak to me about the breach. I told Azzopardi he was acting in favour of a police inspector who, in my opinion, is not fit for purpose.”
Referring to the libel case, Mr Balzan said Inspector Taliana was being investigated over his links with criminals. His brother was also involved in a case related to a brothel in Gzira. He said people had also spoken to him about Taliana’s alleged links to an arson attack on his (Balzan’s) home.
Dr Zammit Maempel objected to Balzan’s references to the libel case, which he said was completely separate and unrelated. “Inspector Taliana is not here to defend himself and we should not go into such issues,” the lawyer argued.
Mr Balzan continued that the documents were not given to him by Peter Paul Zammit. They were a series of comments made in Taliana’s file from 2006 to 2011. He said he did not remember the period when the documents were delivered to him but the first story was published in August 2013. “We did not quote directly from these documents in the original story but simply said that Taliana was being investigated. They were only presented during the subsequent libel case, when we needed to confirm support what we had written.”
The witness said it was clear that the documents were obtained before Zammit was made commissioner. Yet in the press conference he said that Zammit should resign for leaking the documents.
Inspector Daryl Borg said he had received Peter Paul Zammit’s criminal complaint. Zammit said he had spoken to Azzopardi and the MP was willing to issue a clarification. A week later he informed them that no compromise was reached.
Jason Azzopardi was next to testify. “I assume full responsibility for all that I said during the press conference, during which I was acting as a PN spokesperson. If I had to repeat all I said that day I would.”
Dr Azzopardi exhibited the Times’ front page published on the day of the press conference, and on which he based his press conference. “The party decided to hold a press conference, which I would address.” He said Zammit held a public post at the time, that of coordinator for national security. The report, penned by Ivan Camilleri, was based on information obtained from a report by a constitutional body. He said he did not see the original decision by the Data Commissioner but the report was detailed. He said the PM had appointed Zammit to a new role after he resigned as police commissioner.
Dr Azzopardi noted that the Data Commissioner had earlier confirmed that Zammit had requested the file when he was still police commissioner. “The case was so serious that it remained the only instance where the Data Commissioner had fined a public officer. I have held many press conferences but never crossed the red lines and criticized anyone on a personal level. This was about a person holding a public role - a public official who was fined by the data commissioner. For the Opposition this was unacceptable. I have never attacked anyone personally and will not do so.” He also argued that MPs were also allowed a certain level of freedom of expression. Dr Azzopardi said any police commissioner, irrespective of who they were, would have to be held responsible for anything that happened under their watch. “The Opposition cannot not criticize something like this.”
Last December, Rosette Thake told him Zammit wanted to speak to him. He did not know the subject because this was a full six months after the press conference. “I agreed to meet him, even if I had never been approached about this before. I am that kind of person – I apologise when I make mistakes.” He said he met Zammit, who told him he wanted an apology. “I told him I would reflect on it. I made a clarification in which I quoted the Data Commissioner’s report. He found it to be unacceptable. Even so, I said he could add or remove anything he liked from it.” Zammit insisted on an apology but Azzopardi said he could not offer one, seeing that the conclusions of the report were obvious.
Dr Azzopardi insisted he was not defended Inspector Taliana.
He said the Times had issued a clarification on the following day, the 25th of June. Magistrate Mifsud noted that it was common practice for politicians to rely on news reports, rather than on the actual conclusions.
He said that European caselaw showed that even those who quoted from a defamatory report had to be afforded protection by freedom of expression, let alone anyone quoting from a report by the Data Commissioner. “I was not criticizing Zammit personally but the public role he occupied. I have nothing personal and have never had any personal disagreements with Zammit.” He said he had often criticized Zammit’ handling of the police force during press conferences but had never attacked him personally.
Inspector Elton Taliana said the leak was part of a series of attacks against him. “This was not an isolated case. The Malta Today report was amalgamated with another story – that of Darryl Luke Borg, who was wrongly imprisoned.” (Elton Taliana had arrested the person who had actually committed the crime – a hold-up – but MT criticized him, even mentioning his investigation related to the 2007 arson.) “The title alone included three lies. I was the one who caught the criminal. Besides, the arson attack did not happen in 2007. This was all part of a big revenge plot. Saviour Balzan never apoligised. In fact he repeated the clais during Azzopardi’s press conference.”
He said the Data Commissioner had found that Peter Paul Zammit was the person responsible when the data breach took place. “This was not Zammit’s only action. He had also come out in the media attacking me personally and did not allow me to give my version to the press after the wrongful arrest fiasco.”
Assistant Police Commissioner Neville Aquilina said the police had sought the Attorney General’s advice on whether to take Jason Azzopardi to court. The AG’s advice was that the police investigation was secondary, that this was a case of one individual against another and the police should lead the proceedings.
Asked if it was true that the police did not favour prosecuting Azzopardi, and had acted on the advice of the AG, Mr Aquilina said the police were not totally convinced that there was a solid enough case for conviction.
In final submissions, the prosecution said Jason Azzopardi said it was Zammit specifically who leaked the document. The Data Commissioner said he was not referring to Zammit specifically and Saviour Balzan denied receiving the report from the former commissioner. Azzopardi’s wrongful claims were reported in the media and the damage was done, said Dr Benjamin Valenzia. “Azzopardi had the wrong information but insisted that Zammit leaked the file.”
Magistrate Mifsud asked if Mr Zammit felt different now that Azzopardi clarified that he had not attacked him personally. Peter Paul said he was not interested in seeing Azzopardi go to prison or be fined. “What we want is correctness.”
Defence lawyer Joe Zammit Maempel said the Data Commissioner’s report was final as it had not been appealed. In 2013 a newspaper report quoted from Elton Taliana’s file. The Data Commissioner was asked to investigate. The Police Commissioner is the data controller in the police force. Since the leak took place in August 2013, one has to come to the logical conclusion that he was responsible, irrespectively of whether he had done so personally. It is clear that Dr Azzopardi was quoting from a news report that was 98% correct. The data controller was responsible and Mr Zammit was data controller at the time.
Dr Tonna Lowell continued: “This should have been a civil case.” The crucial point is the Times report that led to the press conference. The prosecution did not even present it as evidence.
There is also a distinction between, say, calling a person corrupt or criticizing his actions without offending him personally. It is clear that Azzopardi’s intention was not to defame Zammit. The prosecution did not prove its claims. He was representing the Opposition, expressing its concern at how a personal file was leaked from the police force. And this happened under Zammit’s watch. Quoting caselaw, he also said that freedom of expression was especially necessary for a representative of the people.
Magistrate Mifsud will deliver sentencing on Friday 15 April at 8.30am.
Since the case was made public last week, the PN had called for the people to express their solidarity with the MP, saying that this was a desperate attempt by the government against freedom of expression.
But it was not only pro-Azzopardi supporters who made their way to Republic Street. The crowd also included members of the Labour Youth Forum who are saying that the Natioanlist Party leader Simon Busuttil had himself instituted a similar case a few years ago against the then president of the Labour Party. They are saying that this is double standards.
Speaking with this newsroom, they said that their intent here was to be peaceful.
A group of Nationalist MPs were also present outside the courts, including deputy leaders Mario de Marco and Beppe Fenech Adami, and MPs Chris Said, Carm Mifsud Bonnici and Censu Galea.
Dr Azzopardi arrived at 12.30 and was greeted with clapping and shouting, with the crowd also chanting "Shame on you", the battlecry used by the Labour Party before the election, which has now turned against the Labour Party. It was embattled minister Konrad Mizzi who had first used the phrase, but this is now backfiring on him as he is embroiled in what is known as the Panamagate scandal.
Addressing the media before the hearing, Opposition Leader Simon Busuttil said that “if we lose it here, we will appeal; if we lose it in appeal, we will go to the European court”.
Referring to the Panama Papers scandal, where Energy Minister Konrad Mizzi was found to have a company in the secretive jurisdiction of Panama, Dr Busuttil said – “In 44 days, instead of the prime minister doing what everyone expects from a democratic country, chose to use the 44 days to attack those who have said he needs to accept political responsibility”.
The Opposition Leader appealed to the crowd to ignore the Labour Youths and said that this case was an attempt to shut the PN up. He also told supporters not to react to what they were saying.
After his speech, Dr Azzopardi and other PN members including Deputy Leader Beppe Fenech Adami walked towards the court entrance, and the crowd followed. A ONE News reported slipped through the crowd up front in between the mass of people, and a pushing match began, with the police having to place themselves between the reporter and the crowd. Following this, the same reporter and her cameraman delved into the crowd, and began shoving her microphone into people’s faces, asking questions which clearly did not go down well with the crowd, who felt it was done in order to provoke a reaction. A number of people chanted “Panama” as well as other slogans such as “shame on you”, however some supporters used harsher language directed at the One news reporter.
Dr Busuttil has already said that Dr Azzopardi was representing the Nationalist Party when he criticised the operation of Mr PP Zammit as police commissioner.