Health Minister Louis Deguara has been cleared of libelling Labour member of parliament Michael Farrugia in an article published in a newspaper after the court ruled that there was no specific reference to Dr Farrugia in the said article.
As a result, the Appeals Court revoked a judgement handed down by the Magistrates’ Court which had found Dr Deguara guilty of libelling Dr Farrugia and had condemned him to pay Lm800 in damages.
In its judgement, the Appeal’s Court, presided over by Chief Justice Vincent De Gaetano, Mr Justice Joseph Camilleri and Mr Justice Joseph Filletti, said that in order to succeed in an action of defamation, the claimant must not only prove that the defendant published the words and that they are defamatory but he must also identify himself as the person who had been defamed.
It ruled that the said article, in which Dr Farrugia had not been mentioned by name, and neither did it make him identifiable. It therefore revoked the previous judgement and cleared the
minister of libel.