Update 2 | PN cries foul after MP charged with criminal defamation on complaint of former police chief

The Nationalist Party convened its parliamentary group for a press conference, denouncing a decision by the police to follow up on a criminal defamation complaint against MP Jason Azzopardi, filed against him by Peter Paul Zammit, the former police commissioner turned lawyer.

Zammit resigned in March 2014 as Commissioner of Police before being assigned to the CHOGM task force to take charge of security, and stepping down from that role before the November 2015 summit. He has since then returned to his legal practice.

Zammit filed his complaint with the police when Azzopardi held a press conference condemning the former police chief, who was found responsible for a data protection breach against a police inspector, when details of the officer’s misdemeanours were published in MaltaToday. The investigation did not conclude that the files were leaked by Zammit but that the files were in his possession at the time.

Opposition leader Simon Busuttil

Opposition leader Simon Busuttil is now accusing the Labour government of being responsible for the police decision to take action on Zammit’s complaint.

“Joseph Muscat is taking our democracy back 36 years,” he said. “The government is changing the laws to decriminalize the vilification of religion but will take a person to court for criticizing the former police chief.”

“The Opposition strongly condemns this anti-democratic behaviour and will not be intimidated in the course of its duty.  Next week, we will stand by Azzopardi in court and will continue to appeal an unfair decision up until the European Court of Human Rights, if necessary.”

In a statement, the Office of the Prime Minister said that the criminal defamation case was filed by a private citizen, on allegations made by Azzopardi. “The plaintiff is Peter Paul Zammit and the executive police, as in any other case, acts independently of the government on a private citizen’s complaint.”

SB getting simplest of legal basics wrong. Case against his MP instituted by private citizen not gov. A law student could have told him-JM

— Joseph Muscat (@JosephMuscat_JM) March 31, 2016

Poor excuse from @JosephMuscat_JM. The 'private' citizen is his trusted henchman and former Police Commissioner & CHOGM Security guru.

— Simon Busuttil (@SimonBusuttil) March 31, 2016

Under Maltese defamation law, aggrieved parties can file a complaint in a police station; it is then the police, on advice of the Attorney General’s office, that conducts the prosecution. The crime of criminal defamation carries a maximum three months’ imprisonment.

At the time of the complaint, Zammit was a private citizen.

Busuttil said that “a sense of desperation” had settled on the government, one that had triggered actions he called anti-democratic and a threat to freedom.

Busuttil recalled a number of incidents to this effect – the broadcasting authority chairperson reversing a decision that would allow the PN its right of reply on television; the announcement of a law that would prohibit political parties from using billboards, a move Busuttil said served only to silence the opposition; personal attacks on MPs who spoke out against the Panama incident, including Busuttil himself, Mario de Marco, Beppe Fenech Adami and PN executive president Ann Fenech.

Peter Paul Zammit reacts

Former Police Commissioner Peter Paul Zammit

Contacted by MaltaToday, the former police commissioner confirmed that he filed a criminal complaint months after the press conference was held.

“The criminal complaint was filed in early 2016, if I remember correctly,” Zammit said.

He added that, even though The Times had corrected its original report – which Azzopardi had used as the basis for his press conference – the MP refused to retract his allegations.

The Times of Malta had corrected its original report and headline, which read that “Former chief of police copied records illegally”.

Zammit went on to add that PN secretary general Rosette Thake had told a press conference that the PN spokespersons would not shy away from apologizing, should the need arise.

“Following her comments, I wrote to the secretary general of the Nationalist Party who said I should speak to Azzopardi,” Zammit said, adding that after talks failed he decided to proceed with filing a criminal complaint.

Background

An inquiry by the data protection commissioner (IDPC) into evidence submitted by MaltaToday in a court defamation case, had fined the Commissioner of Police €500 after the file of police inspector Elton Taliana over a breach of data protection. The information was presented in court as evidence by MaltaToday’s managing editor Saviour Balzan, in the newspaper’s defence on a libel case filed against him by Taliana.

In his investigation, the Data Protection Commissioner concluded that the personal file of Inspector Elton Taliana was divulged in breach of Taliana’s rights, ostensibly when the file was requested by former comissioner for police Peter Paul Zammit; but he did not question MaltaToday managing editor Saviour Balzan, who presented the evidence in court.

READ MORE Evidence on police inspector’s shady connections presented in court

The evidence comprises internal investigations by the police into Taliana’s moonlighting as a bouncer, his firearms importation, and of his part in an arson on Balzan’s residence. The evidence, obtained through various sources, included photos of Taliana in the company of known criminals, some of whom were jailed for drugs offences.