A court of magistrates ruled that a story featured on The Malta Independent on Sunday on 9 July 2006 constituted a fair comment and threw out the allegations made by Allied Travel Services Ltd that sued the newspaper.

The company filed a libel suit against editor Noel Grima as it felt defamed by the article entitled Maltese cruise line passengers cry foul over tips charge, penned by journalist David Lindsay.

The article reported complaints by Maltese cruise line passengers who travelled on the SuperStar Libra in June 2006 that the gratuities they paid as part of a package holiday never made it to the cabin and restaurant crew as intended.

The court, presided over by magistrate Joseph Apap Bologna, heard how passengers had paid Lm25 (e58.23) each in advance as a tips charge, along with port charges and the cost of the cruise, as advertised in the local press.

Mr Lindsay told the court that he had received two phone calls by passengers whom he personally knew. One of them, Philip Incorvaja, testified in court that his fellow passengers petitioned to the captain regarding the injustice vis-à-vis the crew. He said he was informed by telephone that an administrative error had occurred and that he would be refunded. Mr Incorvaja explained that the cruise’s advert in the local media said that tips would be paid separately. He also told the court that “in my opinion, the article published on The Malta Independent (on Sunday) reflects the facts as they really occurred.”

Company managing director Martin Degiorgio told the court that said the company had written to all passengers affected and refunded the mistake.

In his judgment, Magistrate Apap Bologna said the article was substantially based on the facts as they really occurred. It also expressed its doubts over whether an administrative error really occurred as it was of the opinion that the amount should have been itemised as a booking fee rather than tips.