The Court of Appeal overturned a Magistrates Court verdict last week regarding an article that appeared in KullHadd about an incident involving Minister George Pullicino, the pitkali crates and a man who was grabbed by the hood of his jacket, or by the neck.

On 5 February 2006, the paper had published an article about Mr Pullicino’s visit earlier that week to the Ta Qali pitkali (vegetable market).

It said that when the minister was touring the market and warehouses he objected to the way in which vegetable crates were being washed.

Present were ministry official Ray Bezzina, Director of Agriculture Tony Mifsud, Pitkalija manager Gejtu Schembri and Chief Security Officer Jimmy Vassallo. Also present were Peter Axisa, president of Pitkali Crates and co-director Joseph Farrugia.

When the minister started objecting to the way the crates were being washed, Mr Farrugia refused to listen, insulted the minister and turned to leave. But the minister got hold of the hood of his sports jacket and attempted to restrain him.

The paper claimed the minister had grabbed Mr Farrugia by the neck; the minister felt he had been libelled and sued the editor, Felix Agius.

Of the witnesses, only a worker, Mark Anthony Micallef, confirmed the minister had caught Mr Farrugia by the neck. The others all testified the minister had caught hold of Mr Farrugia’s hood.

The Magistrates Court considered that the condition of crates at the pitkalija is not of public interest but the actions of a minister when he is said to have been aggressive is of public interest. The court decided the paper had not provided accurate and reliable information and found Mr Agius guilty and fined him Lm200.

But the Appeals Court, presided over by Mr Justice Philip Sciberras, thought otherwise. The fact is, the Appeals Court said, that the minister did not behave himself with the equilibrium expected from a sober temperament given his ministerial post. So it is not unreasonable to suspect that such conduct borders on aggressive behaviour where the minister, even if for just a moment, grabbed Mr Farrugia by the neck.