Issue link: https://maltatoday.uberflip.com/i/1490819
4 NEWS maltatoday | WEDNESDAY • 25 JANUARY 2023 4 NEWS MATTHEW AGIUS A court has dismissed a libel case filed against MaltaToday executive editor Matthew Vel- la, by a former human resourc- es manager at MCAST, who denied having been placed on forced leave due to co-workers' complaints, ruling that the re- port was accurate. Josephine Abdilla sued for li- bel over a series of reports by Vella dealing with the inquiry and the testimonies of MCAST staff. MaltaToday had first reported in August 2021 that Abdilla's allegations of corruption had been disproved by the minis- terial inquiry. That inquiry had been launched in 2018 after Abdilla was placed on forced leave following complaints by her co-workers. The ministry's inquiry had dismissed all of Abdilla's alle- gations and noted that whis- tle-blowers had come forward saying they had been pressured by Abdilla in selecting favoured candidates for MCAST teach- ing jobs. Vella wrote that the inquiry report showed Abdilla to be reviled by staff and teachers for her abrasive and suborning behaviour. She denied the ac- cusation in a lengthy right of reply to MaltaToday, in con- trast with the clear findings of the inquiry. In a judgement handed down on Monday by Magistrate Ra- chel Montebello, it was ob- served that the facts emerged from the evidence and that it was "indisputable" that the plaintiff had effectively been suspended from her MCAST post, not least by the plaintiff's own testimony. The reports which formed the subject of the libel repeatedly emphasised the Government's lack of transparency about the conclusions of its own Board of Inquiry and failure to explain its reticence to reveal the rea- sons it retained her in the role, despite the Board finding that she had conducted herself in a manner not befitting her posi- tion at an educational institu- tion. "The court finds that the ho- listic accusation understood by an ordinary reader is not one of dismissal, but a situation of continued forced leave on full pay: a claim which as the plain- tiff herself admitted, is correct and consequently cannot be taken to be defamatory." The article's principal claims were that Abdilla had lied un- der oath in her testimony be- fore the Board of Inquiry, that she had created an atmosphere of unpleasantness and tension amongst staff and teachers through oppressive behaviour and bullying tactics and that her claims of corruption and blackmail had been discredited by the inquiry. The publication of the Board of Inquiry's conclusions was not unreasonable, said the court but necessary to impart the seriousness of the fact that years after the inquiry's con- clusion, the authorities contin- ued to resist efforts at confirm- ing whether or not the plaintiff was still occupying the role and in receipt of a full salary. The magistrate went on to describe as "worrying" the fact that no action appeared to have been taken against Abdil- la by the authorities, in spite of a conclusion by its own board which found that she had acted irregularly and possibly illegal- ly. The magistrate noted that in its report, the board had ob- served that witness evidence had conclusively proven that Abdilla had tried to exert pres- sure on the members of a board interviewing candidates for the post of English teacher, in a way that favoured an unworthy candidate. Abdilla was also reported as having intervened in an irreg- ular manner in the recruitment process, while trying to influ- ence the board to illegally dis- criminate against candidates and award "false and fabricated marks to the candidates she in- dicated." Vella's reporting had been truthful, said the magistrate. Having seen the evidence, the court ruled that it was "manifest that the declarations attacked by the plaintiff are not allega- tions which had been concoct- ed by the defendant, but rather consisted of facts, that is, con- clusions of the Board appointed under the Inquiries Act to es- tablish the facts. With regards to other dec- larations of Vella's opinion which also featured in the ar- ticle, including the description of Abdilla as a "much reviled executive at MCAST due to her bullying of subordinates and confrontation with other staff and lecturers", the court ruled that this opinion had been legitimately derived from the evidence tendered by sev- eral witnesses who described aggression, bullying, shouting and humiliation at the hands of the plaintiff. "In this context, it is obvious that the elements of honest opinion are also satisfied, as any honest person could easily arrive at expressing the same opinion as the defendant on the basis of existing facts, con- sisting in the conclusions of the Board of Inquiry." Lawyer Andrew Borg Cardo- na represented Abdilla in the proceedings. Lawyers Veronique Dalli and Andrew Saliba assisted Vella. Court vindicates MaltaToday reports on MCAST HR manager MaltaToday executive editor Matthew Vella had written that MCAST HR manager Josephine Abdilla had been placed on forced leave due to co-workers' complaints By decree issued by the Civil Courts, First Hall on 16th December, 2022, in the acts of Sworn Application number 1049/2022CFS, which was represented on 3rd November 2022, in the names: Wannabe Emika vs T8Ltd et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Orders the defendants or any of them to pay the plaintiff the amount of thirty-nine thousand Euros, six hundred and seventy-nine euro and thirty-one cents (€39,679.31c) with commercial interests until the date of effective payment. With all costs against the respondent society, who is now summoned so that a reference to their evidence be made. The Sworn Application in the names mentioned above is postponed to 27 January, 2023, at 8.45am. Notification Respondent: T8 Ltd and Rowad T Alarbi Alarbi and Mostafa A. A. Bouamid, 14C, Triq l-Alwett, Kappara, San Gwann. Register of the Superior Courts, today 3rd January, 2023. CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP, LAWS OF PROCED. (MELIT.) For Registrar, Civil Courts and Tribunals.