A Magistrate has ordered the producers of Xarabank not to air a recorded interview with Liam Debono, the youth who stands accused of the attempted murder of police officer Simon Schembri earlier this year. 

Magistrate Joe Mifsud said he wanted to avoid a trial by media. Xarabank host Peppi Azzopardi has insisted that the interview had nothing to do with the court case. 

On Friday morning, Schembri's lawyers filed a judicial protest over tonight's Xarabank show, which was set to interview a recorded interview with Debono. Schembri was invited on the show some weeks ago and he was recently informed that it would now be Debono’s turn, and that the youth would be speaking about the case.

The lawyers, Andy Ellul and Arthur Azzopardi, argued that the show would be a publicity exercise in bad taste and that, given the popularity of the TV show, the interview could sway the opinion of jurors.

Schembri's lawyers argued that the court must decide whether the programme should air or not, and if it is allowed to air, for the court to order for some form of balance to respect Simon Schembri's rights. They also requested the unedited version of the interview to be presented in court as evidence.

The Attorney General’s office said the interview should not be broadcast. The AG said that, while he respected freedom of expression, he was disgusted at the way journalistic ethics towards sub-judice cases had degenerated. Peter Grech said that the media in Malta had throughout the years been careful in its reporting of ongoing cases, but some sections of the media, for reasons known only to them, were deliberately publishing shows or reports about sub-judice cases with the aim of influencing those who would eventually be tasked with deciding the case.

Magistrate Joe Mifsud upheld the judicial protest. 

In a decree handed down Friday morning, the magistrate said the biggest enemy to justice was prejudice, and this is precisely the situation created by these trials by media. In some countries, the magistrate noted, this kind of reporting on sub-judice cases can even constitute a criminal offence.

“The courts are legally authorised to prohibit a broadcast or publication in four circumstances: when the accused is 16 years or younger, when the case can cause offence or give scandal, when the criminal court prohibits any publication until the case ends, [and] on respect to be shown to the court,” Mifsud, who is a former broadcaster and journalist, said in his court decree issued Friday morning. 

No court order banning the reporting of the court proceedings, currently at compilation of evidence stage, has been issued. 

“The court does not agree that a television programme should be aired before evidence is heard in court... it is not right that a trial by media takes place on an attempted homicide case that could end up in a trial by jury.” 

Debono’s lawyers, Franco Debono and Amadeus Cachia, later said they had not even been informed about the application filed by Schembri. They said they only found out from the media reports.

The lawyers are still looking into whether they will be appealing the decision or taking the case to the Constitutional Court.

Noting that the court had taken a decision without hearing Liam Debono, the lawyers said that, according to the court’s decision, neither party can speak out in public.

This could possibly mean that their client’s rights were breached when the police officers went on TV.

In comments to sections of the media, Xarabank host Peppi Azzopardi questioned how the court had decreed without speaking to the producers or watching the interview.

Azzopardi said the interview had nothing to do with the case.
The veteran presenter said Schembri had been given space to speak several times but the other part was being “muzzled.”

The court decision is unbelievable and dangerous, Azzopardi said, adding that journalists could no longer mention any sub judice case, including that of Daphne Caruana Galizia.