Issue link: https://maltatoday.uberflip.com/i/692424
3 maltatoday, WEDNESDAY, 15 JUNE 2016 News Police inspector in libel suit wants magistrate recused Police inspector Elton Taliana says that since Magistrate Francesco Depasquale has already acquitted another newspaper editor on a libel he had filed, the magistrate should recuse himself on a libel against MaltaToday JURGEN BALZAN A police inspector, Elton Tali- ana, has demanded that a mag- istrate hearing a libel suit he filed against MaltaToday be recused for having already pre- sided over a libel suit Taliana filed against another newspa- per. Magistrate Francesco Depas- quale told Taliana's law yer Jo- seph Zammit Maempel to file a writ, after the law yer demand- ed the recusal on grounds of lacking impartiality after hav- ing presided over a separate defamation case. Magistrate Depasquale han- dles the bulk of the defamation and libel cases presented in court. The request was made during libel proceed- ings initiated by Tali- ana against MaltaTo- day journalist Raphael Vassallo over an arti- cle reporting that the inspector had been investigated internally by the police, in rela- tion to an arson attack on Saviour Balzan's residence in Naxxar in 2006. Zammit Meampel held that Depasquale should recuse himself from his client's case because of a ruling the magis- trate gave on a separate case. In April, the former editor of It-Torca, Aleks Farrugia, was acquitted of libel- ling Taliana because its report on the wrongful arrest of Darryl Luke Borg was "substantially correct". The newspaper had reported in August 2013 that Taliana knew that Borg had been remanded in custody after being charged by mistake, but did nothing to alert his superiors and make amends. Zammit Maempel said the magistrate should recuse him- self for having decided on this libel suit. Three years ago Borg was arrested in connection with a hold-up at a Birkirkara shop following an investigation by the CID. A few days later, how- ever, another person, Roderick Grech, admitted to the crime in a separate investigation. The investigation was led by Taliana who opened libel pro- ceedings against It-Torca after feeling aggrieved by the report which said that he had been aware of the mistake but did nothing. Police inspector Elton Taliana demanded that a magistrate hearing a libel suit he filed against MaltaToday be recused Former Victoria mayor gets six-month ban for drink-driving accident MATTHEW AGIUS A drink-driving accident involving the former mayor of Victoria, Gozo should be used as an example of the debilitating effects of alcohol when behind the wheel, a court has held. Former PN mayor Samuel Azzo- pardi, 33, and Emanuel Grech, who is 49, had been accused of causing a car accident whilst drink-driving in Ghajnsielem during the early hours of 17 April. Azzopardi has retained his coun- cil seat as an independent. Inspector Bernard Charles Spi- teri charged the two Gozitans with reckless driving, driving under the influence, causing slight injuries to each other and damaging each other's vehicles. Azzopardi alone was also charged with refusing to submit to a breathalyser test with- out good reason. Azzopardi had been on his way home from a wedding reception and Grech, a chef, was driving home after work when the two ve- hicles collided. Grech, who had submitted to the test and was found to be over the legal limit, faced the prospect of a possible prison term for the crime, which is punishable by a minimum fine of €1,200 or a maximum of three months imprisonment. In two separate judgements on the matter, magistrate Joe Mifsud, presiding the court of magistrates in Gozo, highlighted the negative impact that alcohol has on driving and behaviour, saying that these effects often result in regrettable incidents. The men had chosen not to tes- tify in the proceedings and where it was possible, had renounced the charges against each other. While the court found the men not guilty of dangerous driving, causing involuntary damage and slightly injuring each other, they were convicted of driving under the influence of alcohol. In Azzopardi's case the court al- so added that this incident should not detract from the accused's political, cultural and social work. On the contrary, it opined that "the accused should not be ashamed [of using this incident] to warn others of the dangers of social drinking." In fact, following the ruling, the PN issued a statement announcing that it had lifted Azzopardi's sus- pension and that it would be nomi- nating Azzopardi as mayor of the locality. The men were disqualified from driving for six months and fined €2,000 for driving under the influ- ence. Samuel Azzopardi had resigned as mayor following the drink-driving accident in April Busuttil bides his time on MP who used public workers for PN club TIM DIACONO OPPOSITION leader Simon Bu- suttil said he will await the out- come of an appeal to be lodged by MP Toni Bezzina, who has lost two defamation cases insti- tuted when it was alleged he used government workers under his supervision to carry out private works at a PN party club. "Bezzina doesn't need to sus- pend himself. It is apparent that the workers who testified in the Bezzina defamation case changed their original declarations by signing them at the Labour Party headquarters," Busuttil said. "It should be Chris Cardona who answers to this," Busuttil said of the Labour deputy leader for party affairs, whom he dubbed 'the axe minister' because of the economy minister's controversial comments on using 'an axe for every dagger' thrown at the La- bour Party. The Labour Party wants action to be taken against Bezzina after a court ruled that a 2012 news- paper report that Bezzina had or- dered three government workers to carry out work at the PN club in Zurrieq using government- owned materials, was true. The workers were then made to sign an affidavit saying the works were carried out voluntarily in their own personal time. One of the workers later submitted an- other affidavit denying what was said in the original one. All three workers told the court that they had been coerced into signing the original affidavit. "The Opposition leader, who presents himself as the paladin of good governance had a chance to take action. The court sentence confirming what the media had reported is a test for the Opposi- tion leader," Cardona said. Bezzina had filed libel proceed- ings against il-Kulhadd and l- Orizzont, denying that the works on the PN club had been carried out during their working hours. The court however established that this had indeed taken place. The Nationalist Party has highlighted the fact that one of the workers in question signed a second affidavit at the Labour Party's headquarters, and chal- lenged Cardona to explain who had written the declaration, who had summoned workers to the PL headquarters, and why. In a reaction, the Labour Party accused Busuttil of failing yet an- other test in a case where action should have been taken against his MP. "For Simon Busuttil, the facts which emerged from court do not mean anything and what went on was acceptable," the PL said, as it claimed that no one was "taking Busuttil seriously". It went on to insist that if Bu- suttil's double standards applied for his own people, "just imagine how he would act with the pub- lic". On the other hand, the PN used the case of its former Victoria mayor to say that it was setting an example in how good governance takes place. Samuel Azzopardi got a six- month ban for drink driving. Pending the outcome of the deci- sion, Azzopardi resigned as may- or and suspended himself from the PN. The PN has now lifted Azzopar- di's suspension and will nominate him for mayor again. Opposition leader Simon Busuttil (left) said Toni Bezzina (centre) does not need to suspend himself