Court turns down Caruana Galizia request to overturn garnishee order

A Court of Magistrates has turned down a request by Malta Independent columnist and blogger Daphne Caruana Galizia to overturn a garnishee order of €46,000 requested by Labour minister Chris Cardona and Joe Gerada for potential damages from four defamation suits they filed against her.

Magistrate Francesco Depasquale said in his decision that his court was not the right forum to examine the constitutionality or not of what Caruana Galizia said was the “chilling effect” imposed on her by the garnishee order, effectively saying that the matter should be dealt with by the Constitutional Court. The court also noted that it did not appear that Caruana Galizia's position had changed in such a manner as could lead to the warrant's removal.

The garnishee order was requested in tandem with a libel case filed by Cardona after the minister was alleged by Caruana Galizia to have been witnessed inside a German brothel, in Velbert, outside Essen where he was on government business.

Cardona has denied the allegation, which has never been verified apart from Caruana Galizia’s insistence that her source witnessed the minister inside the brothel.

The garnishee order is based on the maximum damages liable on the defamation case, which stands at €11,500. The effect of the precautionary warrants on her assets means her bank accounts will remain frozen to that amount until the case is concluded – usually a process that can take years in the Maltese courts.

READ MORE Minister says hotel bill proves he was not at German brothel

In all, four libels were filed, two each by Cardona and Joe Gerada, his policy officer implicated in the allegations. The suits concern two instalments posted by the blogger on her personal website. Cardona has said he will file more libel suits against the PN’s media and the party over the allegations.

Caruana Galizia claims that the two men were seen inside the Velbert club FKK Acapulco “at close range by another Maltese person.” 

The blogger said the precautionary warrant in a libel suit was “a heavy penalty” for a journalist to pay before the case is even heard. In the aftermath of the garnishee, the PN filed a private members’ bill to remove the right to a precautionary warrant under the Press Act, which was then followed up by the Labour government with a new bill to change defamation rules.

The case on the merits has yet to commence in a court of law.

Economy minister Chris Cardona has hit out at Caruana Galizia, accusing her of publishing unfounded lies, “intended to break people down” and to hitting out at public people and their families.