Environment Minister found not guilty of libel regarding 2004 article

An appeals court has confirmed that a newspaper article penned by current Environment Minister Jose Herrera in 2004 was not defamatory.

The article was published on 15 June, 2004, in The Times of Malta, and stated that former vice chairman of the Maritime Authority and chairman of the Capital Projects Committee Marc Bonello was unfairly granting work to his former colleague, Professor Alex Torpiano.

Libel proceedings were filed by Dr Bonello, Prof Torpiano and Dion Buhagiar against Dr Herrera over the article entitled ‘Deep Water Quay’.

Dr Bonello took issue with certain comments in relation to his alleged role in removing Carmel Chircop, a Maritime Authority legal advisor at the time the article was published. Reference was also made to the way architects had been appointed to the Ċirkewwa Mġarr Terminal Project.

Mr Justice Anthony Ellul, presiding over the case, noted that Dr Bonello was occupying a fairly high public post when the article was published, meaning that he was subject to public scrutiny.

He continued to say that the comments made by Dr Herrera in relation to transparency and any conflicts of interest were ‘legitimate and permissible’. It was also observed that Dr Bonello, while in public office, had been a registered partner at TBA Periti, along with Prof. Torpiano and Dr Buhagiar.

The fact that the latter two had not been mentioned directly, and that the criticism had only been levelled against Dr Bonello was also taken into consideration.

Lawyer David Camilleri was counsel to the defendant.

Dr Carmel Chircop was later killed in a garage in Birkirkara. His murderer has not yet been found.