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2 maltatoday EXECUTIVE EDITOR Matthew Vella mvella@mediatoday.com.mt Letters to the Editor, MaltaToday, Vjal ir-Rihan, San Gwann SGN 9016 E-mail: dailynews@mediatoday.com.mt Letters must be concise, no pen names accepted, include full name and address maltatoday | SUNDAY • 23 MAY 2021 A gagging order yet again Editorial MALTATODAY is once again being hauled in court on an alleged contempt of court by the Court Director's office, this time for running a re-run of details from previous stories concerning the cir- cumstances that led to the arrest of State witness Melvin Theuma. There simply is no rhyme and reason as to why this newspaper is being 'hunted' down by the Courts over reports of conversations held between Theu- ma and other associates, when countless other leaks and communications on police investigations have made it to the front page. Not only, but by filing a contempt of court action – yet another – against MaltaToday, this newspaper faces mounting legal fees to file its court replies, as well as risking thousands in fines and even possible imprisonment for its editor and reporter. This renewed action stems from a court decree of Magistrate Rachel Montebello, who is hearing the compilation of evidence against the alleged Daphne Caruana Galizia assassination mastermind Yorgen Fenech, on a request by Fenech's lawyers, who want the proceedings instituted against the authors of certain online articles. The publications in question have included news items from MaltaToday, The Times, Newsbook, Lovin Malta, Manueldelia.com, The Shift as well as Facebook posts by Matthew Caruana Galizia. Also included has been a satirical post by the Bis-Serjetà Facebook page – alluding to Yorgen Fenech's de- fence team as 'mafia lawyers' – which was submit- ted to the courts during the proceedings; but not, it appears, as part of the initial complaint. By her declaration that these were "unjust attacks intended to obstruct the defence lawyers and dep- uty Attorney General in the carrying out of their duties and cast an ugly shadow over their capacities or characters", the magistrate only stopped short of ordering an outright ban on such articles. After all, she herself noted that these articles were "of public interest, given Fenech's vast contacts with politi- cians and businessmen and his involvement in pro- jects of national importance." What MaltaToday cannot understand is why it is being held by the Court Director's office as an ex- ample of contempt of court, and made to answer from where it has sourced its information: specifi- cally whether reports on Theuma's phone conver- sations (which have recently been presented to the court) were relayed to us by confidential inform- ants, or whether we had some other form of privi- leged access of sorts. The action beggars belief: if our sources are sacred, now the onus has been placed on us to prove that our sources have indeed leaked the information by whispering into our ear, rather than us having laid our hands on privileged information not yet pre- sented to the court. From this perspective, this action, and the eager manner in which the Court is pursuing the action on what is essentially a re-run of a previous story, appears to be less concerned with safeguarding the judicial process, than with gagging public opinion about a matter of grave national importance. As such, it comes across as a very vague and confusing remedy to the complaints of the lawyers themselves. In their actions, the Court is trying to gag news- papers from publishing stories that are certainly of major public interest, and which, to the discerning reader, are important to allow them to form a dem- ocratic opinion. Interpreting these stories as prejudicial to Fenech's case means that any stories in which Fenech may be involved cannot be published, even if they are of timely public interest. Journalists also do not have access to the cache of evidence in question so it is impossible for us to verify whether a tip-off has emerged from this doc- ument or from other sources. This blanket ban is highly problematic and severely impinges on the freedom of information of taxpaying citizens, who have a right to know if public officials are abusing their positions. It also undermines the freedom of expression of journalists. Criminalising such stories is the very opposite of what Malta needs right now in these extraordinary times where institutions are finally taking action af- ter five painful years of inertia. This time, the courts are erring on the side of si- lencing the fourth estate. These actions have to stop. 22 May 2011 Dominican nun questioned over child abuse claims A Dominican nun who works within the Lourdes residential home in Ghajnsielem, Gozo, has been questioned by investigators at the Police Vice Squad in connection to claims of child abuse. Sources say that the nun is expected to be interrogated again in the coming hours as in- vestigations continue. The arrest reportedly dates back to an alleged instance of child abuse that took place five years ago. However, the case was kept tightly under wraps. Informed sources have told MaltaToday that the Police Force has come under intense pres- sure by the Church to lock down information related to the case for fear of the negative pub- licity the Church stands to suffer in the run up to the divorce referendum. Evidence of this came out from replies Mal- taToday obtained from the Mother General of the Dominican Sisters of Malta, Sr Carmelita Borg. The Mother General refused to confirm or deny the nun's arrest but added: "Nobody is supposed to know. It's top secret," she said, requesting that MaltaToday divulge its source. She refused to comment further, politely termi- nating the conversation. It is understood that a female magistrate was appointed to hear the testimony of the witness who was allegedly abused by the Dominican nun. The testimony was heard urgently as Mal- taToday is informed that the witness would be departing the island very shortly. The Lourdes care home in Għajnsielem is no stranger to abuse allegations. In 1999, allega- tions of abuse were made public on a local TV programme prompting Bishop Emeritus Nikol Cauchi to set up a commission to investigate the claims. It drew up a report that concluded the claims were unfounded. However a 2008 Bondiplus feature reveal- ing ongoing and persistent abuse at that same Lourdes home prompted a second commission (the Colombo Commission) to conduct its own investigation into the abuse allegations. ... Quote of the Week "Parliament is not an orchestra and I am no flute" Independent MP Marlene Farrugia on Reno Bugeja Jistaqsi, responding to whether she realised she had erred when she presented an amendment Bill to strike off Criminal Code's sanctions on abortion MaltaToday 10 years ago