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maltatoday WEDNESDAY 25 OCTOBER 2017 News 6 MATTHEW AGIUS TWO former editors of the Sun- day Times of Malta have been awarded compensation after a Constitutional court ruled that a judgment by the court of mag- istrates in a libel case violated their right to freedom of expres- sion. Former news editor Ariadne Massa and former editor Steve Mallia had been sued for libel by the Malta Union of Midwives and Nurses over a 2010 article which revealed that a nurse and a salesman were conning elderly patients into paying for tests which were available for free at public hospitals. Judge Jacqueline Padovani Gri- ma, presiding the First Hall of the Civil Court in its Constitu- tional jurisdiction held that the editors were right to publish the article before receiving com- ments from the nurse involved, due to the urgency of the case in question. The judge ruled that Massa's description of the nurse as hold- ing a managerial position at Ma- ter Dei Hospital, occupying a "top post within the structures of the Malta Union of Midwives and Nurses" was a value judg- ment and not an attack on the MUMN committee. A magistrate's court had found in the MUMN's favour and or- dered Ms Massa to pay €10,000 and Mr Mallia to pay €1,500 in damages to committee mem- bers. During the seven years of court proceedings, Mallia and Massa's bank accounts had been subject to a garnishee order. The damages were reduced to €4000 on appeal in 2015, af- ter which the union obtained garnishee orders, freezing the amount in their accounts. The two editors filed a consti- tutional case against the Attor- ney General on the basis of a vi- olation of their right to freedom of expression. Massa had testified, explaining how she had received informa- tion that a nurse and a salesman had been deceiving elderly pa- tients and charging them money for tests that were available free of charge at local hospitals in 2010. Massa said that she had been careful not to identify the nurse, instead describing him as "employed in a managerial posi- tion at Mater Dei Hospital and occupies a top post within the structures of the Malta Union of Midwives and Nurses" due to the fact that the nurse was the chairman of the Mater Dei Group Committee at MUMN. The newspaper had unsuc- cessfully attempted to obtain a comment from the nurse and had therefore chosen not to name him in the story. It had decided to go to print because it felt that this was a story of pub- lic interest, she said. In her judgment on the matter judge Padovani Grima said free- dom of expression constituted one of the essential foundations of a democratic society. She agreed that the matter was one of public interest. "The court notes that journalists are not expected to provide incontro- vertible evidence of the veracity of what they are reporting. This is the State's obligation in crimi- nal proceedings against the per- sons involved, and not that of journalists. The obligations of the journalists is to verify the facts their report to a reasonable extent and when the publish, they do so in good faith, that is with the reasonable intention that the facts they report, after checking, are true." The journalist and editors in- volved in this case had clearly done so, held the court. The press, said the court, needed to report on matters of public interest and the public had a right to read their reports or it would be unable to perform its vital role of public watchdog. The judge said that, according to the European Court, if a re- striction on the right of freedom of expression was to be deemed justifiable, it had to result from law, be legitimate and be neces- sary in a democratic society. The article had been in the public interest, as it dealt with alleged fraud. The public was not only interested in hearing of such cases but was entitled to know about them. That the ar- ticle was of public interest was clear from the Health Minister immediately ordering an inves- tigation. Judge Padovani Grima added that the newspaper had done the right thing in going to print before receiving comment from the nurse involved, as this was a case which had to be dealt with urgently. The court concluded that the article was not an attack on the committee members and that the use of the phrase "top offi- cial" when describing the nurse was a value judgement made by the newspaper. Were the article to be consid- ered libellous towards the com- mittee members, this would create a "chilling effect" on lo- cal press, causing journalists to think twice before publishing investigative articles out of fear of libel damages. Massa and Mallia were award- ed €2,000 each by way of com- pensation. A fraudster, who swindled a number of businesses by using a dead man's cheque book has been jailed for 14 months. Keith Camilleri, 36, from Qormi, was charged in 2012, with 13 counts of fraud and falsification of banking documents, relapsing and of having committed an of- fence during the operative period of earlier suspended sentences. Magistrate Josette Demi- coli heard how the Economic Crimes Unit had received a number of reports of bounced cheques apparently issued by Saviour Grima. The victims all told the po- lice that they had received a call from a certain 'Tony' from Salvo Grima Ship Han- dler company, making a re- supply order for a ship. which had just berthed in the port. Soon after the phone order, a man would turn up to take delivery of the goods, hand over a cheque for payment, accept a receipt and rush off. Thirteen different business- es duly supplied 'Tony' with drinks, cigarettes, electronics and other products despite no purchase order being sent to them. It was only when the cheque bounced that the companies realised that they had been deceived. It was later discovered that the person in whose name the cheque was made was deceased. Camilleri was identified from CCTV footage and identified in court by a num- ber of the victims. He pleaded guilty at a late stage in proceedings. Magistrate Josette Demi- coli found Camilleri guilty as charged. After seeing a pre- sentencing report, as well as his criminal record and not- ing the man's problems with drug addiction, he was con- demned to imprisonment for 14 months. The court also placed Camilleri under a one-year Treatment Order, to address his substance abuse prob- lems. Inspectors Carol Fabri and Arthur Mercieca prosecuted. Constitutional court rules in favour of investigative journalists "The court notes that journalists are not expected to provide incontrovertible evidence of the veracity of what they are reporting. This is the State's obligation in criminal proceedings against the persons involved, and not that of journalists." Fraudster who used dead man's cheque book jailed for 14 months Keith Camilleri, 36, was charged with 13 counts of fraud and falsification of banking documents, amongst others Journalists are not expected to provide in- controvertible evidence of the veracity of what they are reporting. This is the State's obligation in criminal proceedings against the persons involved, and not that of journalists AN elderly Danish man died yesterday after finding himself in difficulties when diving in Ghajnsielem in Gozo. Police said they were informed at around 11am that the man was in difficulty and immediately rushed to Xatt l-Ahmar to render assistance. Initial investigations revealed that the 73-year-old Danish man had gone missing after he encountered difficulties while diving in the vicinity. The Armed Forces of Malta and the Civil Protection Depart- ment were called in to help in the search for the man. At 5.45pm the police were informed that a body had been sighted close to Armier. The body was soon identified as that of the missing Danish diver. Duty Magistrate Paul Coppini has opened an inquiry into the death. Police investigations are ongoing. Elderly Danish diver dead in Gozo