Magistrate Claire Stafrace Zammit yesterday cleared opinion writer Daphne Caruana Galizia of having defamed One News journalist Charlon Gouder, as the allegations were unfounded.
Mr Gouder had claimed that in March 2010, while a One News cameramen was filming Mrs Caruana Galizia and he was reporting, she passed defamatory and disparaging remarks.
Mr Gouder had asked the police to investigate the alleged harassment against him, the defamatory comments, insults and other offences in breach of the Press Act. The same comments had been reproduced on her blog.
The court decided that the prosecution did not manage to prove the case and Mrs Caruana Galizia’s actions were not within the parameters of the law, so she could not be found guilty.
In reaching her decision, Magistrate Stafrace Zammit took into consideration a similar judgement that makes reference to what constitutes defamatory material and referred to a video broadcast on YouTube.
Mr Gouder had quoted Mrs Caruana Galizia to have said: “Where is he? Has he gone with some prostitute?”
In her testimony, Mrs Caruana Galizia had said she found it strange and stupid that One News broadcast her comments only for the journalist to file a libel suit for damages.
The remarks were recorded as she and other members of her family were leaving the court and the One television cameraman followed and harassed her for 30 minutes. This had happened after she had appeared in court in the case with Magistrate Scerri Herrera, and as Mrs Caruana Galizia walked down Sta Luċija Street and back in the direction of Republic Street.
Some time later, she had seen Mr Gouder walking towards her and she intended to ask him on the case of a wallet containing money and which was allegedly stolen from him by a woman. However, Mr Gouder turned back and left and so she went up to the cameraman asking him whether he had gone with some prostitute, in view of a YouTube video showing this.
Mrs Caruana Galizia said she had done this so that One News would stop harassing her.
Lawyer Roberto Montalto appeared for Mrs Caruana Galizia. Dr Andy Ellul and Dr Vince Micallef represented Mr Gouder.