The Malta Independent 2 April 2020, Thursday

Caruana Galizia family file judicial letter in court over Valletta banner removal

Kevin Schembri Orland Monday, 16 April 2018, 10:22 Last update: about 3 years ago

The Caruana Galizia family have filed a judicial letter with the First Hall of the Civil Court, in its Constitutional Jurisdiction, over the removal of a banner in Valletta arguing that it amounts to interference in the fundamental right of freedom of expression.

The letter was filed by Lawyers Therese Comodini Cachia, Jason Azzopardi and Eve Borg Costanzi on behalf of slain journalist Daphne Caruana Galizia's husband Peter Caruana Galizia, and their sons Matthew Caruana Galizia, Andrew Caruana Galizia and Paul Caruana Galizia.  The letter was filed against the Planning Authority

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The banner in question read: "Why aren't Keith Schembri and Konrad Mizzi in prison police commissioner? Why isn't your wife being investigated by the police Joseph Muscat? Who paid for Daphne Caruana Galizia to be blown up after she asked these questions? This is our second banner, our first got stolen." The banner was installed by il-Kenniesa.

The banner was placed on a site at 31-33, Triq l-Ifran, Valletta.

They argued that the order to remove the banner resulted in the interference of the fundamental right to expression on a matter of political controversy, about a question that deals with current public policy and the right to express an opinion publicly without disproportionate interference.

In the letter, the authors request that the Planning Authority stop hindering their expression, and that such removal action breaches human rights. They also said that the manner in which the enforcement notice was issued and the banner's removal left no form of proper hearing and due process.

 

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