Busuttil loses libel case against PM Joseph Muscat, wins one against Torċa editor

Simon Busuttil yesterday lost a libel case he filed against Prime Minister Joseph Muscat and executive secretary of the PL Lydia Abela over a PL statement, with the presiding magistrate stating that the PL’s argument was based on the facts available at the time.

The libel case revolved around a PL statement released on 7 December 2015, which Busuttil felt included certain defamatory statements. The statement revolved around Busuttil’s driver, and his official car’s fuel consumption.

The court took note of a PN statement on 25 April 2016, that read that the driver was acquitted of all accusations.

The court noted that at the time, Busuttil had an official car as Leader of the Opposition and that he had a €250 per month fuel allowance. The court also noted that Anthony Tabone was his driver, a person chosen by Busuttil. It also noted that in December 2015, the Speaker of the House, after noting an anomaly in the fuel consumption and after a verification proves, filed a report with the Police Commissioner to verify whether the fuel consumption was realistic or not.

The court noted that the accused argued that the comments consisted of political criticism of a public person, on a question that was in the public domain, and that it constituted fair comment built on good faith regarding facts in the public interest

The court judgement read that Busuttil felt defamed as the PL statement was released just a day after the PN had unveiled a document called “building new trust in politics,” which contained a list of proposed good governance measures, and that the PL statement was creating indignation against him and it was full of lies.

The court noted that Busuttil complained about three accusations made, firstly that he was responsible for an error of judgement regarding the appointment of his driver, that he was caught in a serious case of fraud of public funds, and that it buried his speech about political standards.

The court noted that in December 2015, when the PL statement was published, the only facts available was that there was an anomaly in the mileage metre and that there was suspicion of some meddling in the metre.

It noted that at the time, the PL statement was based on the Speaker of the House’s accusation.

While Busuttil could have felt defamed by the accusations which were later proved to be wrong, the accusations were based on facts that were accessible at the time it was released.

The court noted that Busuttil had every opportunity to respond to the allegations which were made, and in fact statements had been released.

As such, the court did not find the PL statement defamatory as it was based on facts which were available at the time which were correct, and that what was aid can be considered political comments .

*** In another judgment, Busuttil won a libel case against former Torċa editor Joseph Caruana, who is now working at the Prime Minister’s Office.

The case revolved around an article published on 28 February 2016, called (in English) ‘Unfounded accusations... the PN leader does not declare his involvement in one of two trust companies that he was involved in.’

The court noted that the Torċa published two articles which read that Busuttil failed to declare his involvement in one of two trust companies that he was involved in in his declaration to the House of Parliament.

The trust in question was The Alphabet Trustee (Nominee) Ltd. Busuttil had requested that a right of reply be published.

The court noted that, from documents exhibited in court, Busuttil had no involvement in the company to declare. The company Gansam Holdings Ltd was its sole shareholder. Busuttil, the court noted, had a shareholding in Gansam together with two other people.

The court noted that Busuttil was obliged to declare all interests he had in commercial companies, and that his declaration of assets included Gansam Holdings, with a declaration which read that he resigned from all director positions in companies in May 2013 when he was appointed Leader of the Opposition.

The court found in Busuttil’s favour, and ordered that he be paid €2,000 in damages.