Lawyer and former PN MP Jason Azzopardi has been charged with unauthorised filming inside the law courts.
Azzopardi allegedly filmed Prime Minister Robert Abela and Justice Minister Jonathan Attard while speaking with aides inside the law courts last Monday.
The filming incident happened just after the Appeals Court ruled that the State Advocate is empowered to sue Steward Health Care to recoup money paid by the State as part of the hospitals concession. The case had been filed by the Nationalist Party.
Footage that appears to have been taken by a mobile phone was published on Facebook by Nationalist Party-owned NET News. A caption with the video clip claimed the footage was shot one hour after the court ruling. NET News had described the scene as an attempt by Abela and Attard to "formulate a partisan strategy after their court defeat".
It is illegal to film or take photos inside the law courts unless permission is granted by the Chief Justice and the director general of the law courts. According to the Code of Organisation and Civil Procedure, anyone caught filming or taking photos inside the law courts can be arrested for up to 24 hours, expelled from the court, reprimanded or fined up to €1,164.
The court proceedings kicked off on Monday with testimony from four witnesses, including Jonathan Attard.
Eunice Grech Fiorini, the CEO of the Court Services Agency, told the court that, after seeing a video on social media that looked like it was shot inside the courthouse, she checked CCTV footage and saw that Jason Azzopardi had been passing by the moment the footage was taken.
Played in court, the CCTV footage showed Jason Azzopardi walking past the Prime Minister and Justice Minister with his mobile held to his ear, as if he was taking a phone call.
Attard's testimony was brief. The court played the footage that had been uploaded to social media and asked Attard to identify the people filmed. He confirmed that he and the Prime Minister were visible in the footage, as were other aides.
The Chief Security Officer at the Court Services Agency testified after him. He presented a pen drive with the CCTV footage to the court and explained that the footage has no sound because the security cameras have no microphones installed.
The Chief Marshall of the Courts also testified. Defence lawyer Arthur Azzopardi asked whether he noticed Jason Azzopardi taking any videos, and he said he noticed him walking up and down the halls.
Azzopardi was not brought to court under arrest.
The case is set to continue being heard on 15 January
Repubblika's honourary president Robert Aquilina had also posted on Facebook that he will also be in court to support Azzopardi, which he was.
PN statement
In a statement, the Nationalist Party expresses its full solidarity with Lawyer Jason Azzopardi. "Robert Abela took this most vindictive and dangerous step because he is still bitter about losing the case the PN filed concerning the biggest fraud in our country's political history: the Vitals and Steward deal," the party said.
"Robert Abela's decision is solely intended to intimidate anyone willing to expose information about him and the significant abuses he and his Ministers are committing. This decision is not only disproportionate but also cowardly, as it seeks to obstruct activists fighting for the rule of law in exercising their constitutional rights," the PN said.
Under Robert Abela, action is taken swiftly and in record time only when it targets someone who criticises him, the PN said. "Robert Abela has learnt nothing from the illegal and abusive arrest ordered under his predecessor against journalist Norman Vella, allegedly for taking a photograph of Kurt Farrugia and Ramona Attard in a public place at Malta International Airport."
"It is scandalous that Robert Abela is using the current circumstances to intimidate anyone with information about him, discouraging them from sharing it with journalists and media outlets."
The PN said it will continue to encourage and fully support every Maltese and Gozitan citizen willing to expose the abuses perpetrated by Robert Abela and his Ministers.
PL statement
In reply, the Labour Party said the PN believes a law exists for the "gods of the clique" and there is another law for the people.
The "extremists who took absolute control of the Nationalist Party immediately came out to defend former PN MP Jason Azzopardi who speaks frequently about contempt of court, but then pretends that no one should take action against him if he does it himself," the PL said.
Respecting the rule of law, Bernard Grech and Jason Azzopardi should stop once and for all practicing double standards on offenders, the PL said.
While as in every case it is the institutions that decide guilt or not, today we have had another confirmation about the hypocrisy of the Nationalist Party, the PL said.
Repubblika statement
In a statement, NGO Repubblika expressed concern over the actions taken by court administration officials who, "based on the information we have, acted today on the instructions of Prime Minister Robert Abela to initiate judicial proceedings against Jason Azzopardi."
Repubblika said that the rules governing public order must be respected under all circumstances and in every institution. "Equally, however, the use of the law and the courts by the Prime Minister and the Government in an effort to discredit activists they consider a thorn in their side is a matter of public interest and a threat to citizens' fundamental rights."
"The circumstances of the case lead us to believe that this is what occurred this afternoon. We condemn what appears to be a serious abuse of power that undermines public trust in the system meant to uphold order. Such abuse cannot be tolerated," Repubblika said.