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Maltatoday 22 October 2017

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maltatoday SUNDAY 22 OCTOBER 2017 News 5 MATTHEW AGIUS MURDERED journalist Daphne Caruana Galizia had ratcheted up a considerable financial liability with some 42 libel cases filed against her in court up until Monday, 16 Octo- ber. Already, Opposition leader Adri- an Delia has withdrawn five suits he filed over reports on his role as the custodian of an offshore account for a Maltese landlord of Soho brothels. Hotelier Silvio Debono – whose db Group even financed the Na- tionalist Party at one point – filed nothing less than 19 libel suits in one outing, individually costing €8,000 for Caruana Galizia to file her responses before the cases be- gin. And then there is a host of libel suits filed by the Prime Minister's chief of staff, Keith Schembri, over the Panama Papers and passport kickback allegations, minister Kon- rad Mizzi on similar grounds, and minister Chris Cardona's challenge on the insalubrious 'FKK Acapulco' claims. Additionally, Caruana Galizia was also challenging a tax assessment for the payment of €101,000 in out- standing VAT on undeclared sales of over €560,000 between 2004 and 2012, for two magazine titles for Standard Publications. Such post-mortem considerations for the Caruana Galizia heirs will determine the fate of documentary evidence already exhibited in defa- mation suits which the public has an interest in knowing – an interest that may not be shared with some powerful figures in the country. Chief among them is geolocation data provided by mobile telephony companies for the whereabouts of economy minister Chris Cardona, when Caruana Galizia claimed he had been witnessed inside a Ger- man brothel, the FKK Acapulco, while on government business with a government aide. Lawyer Veronique Dalli told Mal- taToday that while criminal libel cases cannot be continued after the death of the accused, she suggested that civil libel cases can still con- tinue against the heirs if they accept her inheritance, "just like any other case". But if the plaintiff withdraws the complaint, the lawsuit would be cancelled and the acts of the case archived. "All the evidence is ar- chived like any other judicial act, judgments and so on, and will re- main preserved as any other closed case," Dalli said. Contacted by MaltaToday, Caru- ana Galizia's lawyer, Joe Zammit Maempel, explained that in every case, all documentary evidence is deposited in court under the mag- istrate's seal. This means that it can't be lost or destroyed easily, even if the case is withdrawn. But the issue of whether it will ev- er see the light of day is less certain. Opposing a plaintiff's withdrawal of a libel suit is virgin ground, Zammit Maempel said. "It's a difficult one, this, because the law doesn't allow one to oppose a withdrawal, as long as there is no counterclaim – and it's practically impossible to have a counterclaim in a libel suit." He said he did not know at this stage whether the Caruana Galizia family will oppose the withdrawal of any particular lawsuits. Protection of evidence The killing of Caruana Galizia by a car-bomb outside her Bidnija home has not only sent shockwaves throughout the journalistic com- munity, but also raised very real concerns about the security of her sources and the preservation of her research. The examination of documents and computers are a legitimate and necessary part of a police investiga- tion into serious crimes, but con- cerns arise when data potentially harmful to the interests of the law enforcement community, the ju- diciary and the political class, sud- denly ends up in their possession. The expected forensic examina- tion of her computer – a laptop recovered from her blown up car – will mean its hard-disc being ana- lysed by experts. And there is also the probability of other documents being collected from her home by the police, leading to a real and alarming possibility that sensitive information could end up in the wrong hands. A worst-case scenario would see all her confidential sources com- promised. This was the subject of a court application filed earlier this week by lawyer Stefano Filletti on behalf of the Institute of Maltese Journalists, requesting inquiring magistrate Antonio Vella to ensure that this highly sensitive and confi- dential information is protected. This timely intervention was aimed at giving the magistrate grounds to resist any attempts at prying by the authorities or the government. magius@mediatoday.com.mt INVITATION TO A PRE QUALIFICATION PROCESS SOON COMING ASHORE The Shoreline is a new mixed use development project at the heart of Smart City featuring unparalleled seaviews coupled with exceptional specifications and first class amenities. The Shoreline will consist of the construction of a multilevel underground car park, a shopping mall and a multi block residential development over eleven levels, totalling 125,000m 2 of built up area. The Shoreline is inviting General Contractors to register their interest to participate in a Pre Qualification exercise which will result in a selected number of contractors to eventually participate in the tender process for the works at The Shoreline. Interested Contractors may register their interest by writing to The Shoreline, Suite 407, Smart City, Kalkara, or by e mail on contracting@theshorelineresidence.com by not later than the 10th day of November 2017. The Shoreline, Suite 407, Level 4, Block SCM01, SmartCity Malta, Ricasoli. T: 2180 8895 / 2180 8970; E: contracting@theshorelineresidence.com www.theshorelineresidence.com In the balance: the evidence in DCG libel cases Daphne Caruana Galizia leaving the law courts with lawyer Edward Zammit Maempel

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