Neville Gafa acquitted of threatening Italian journalist in migration tweet

Updated at 5:20pm with statement by European Centre for Press and Media Freedom

A Maltese court has acquitted former OPM official Neville Gafa of accusations that he threatened Italian journalist Nello Scavo in a twitter exchange last summer.

Magistrate Charmaine Galea said she was unconvinced by Scavo’s claim that he felt threatened by the tweet: ‘Stop your dirty business. If not we will be stopping you.’

The tweet was Gafa’s response to another tweet by Scavo on a thread linked to NGO Alarm Phone that reprimanded European countries for supporting the Libyan coastguard in the return of migrants back to Libya.

The journalist works for the Milanese newspaper Avvenire and has been under Italian police protection since October 2019.

However, the court noted that at the time of the twitter exchange last June, Scavo did not react in such a way that suggested he had perceived Gafa’s comment as a threat.

The court also noted Scavo’s testimony that he did not file a police report in Italy, something the magistrate found strange from a journalist under police protection.

The journalist also failed to explain how he felt threatened, Magistrate Galea said.

The court said proceedings in Malta only started after the Maltese police contacted Scavo almost a month later, after they received a complaint from Maltese contacts.

The magistrate said the Maltese police did not need to receive a complaint to act on the case.

READ ALSO: Condemnation of insults at Italian journalist by anti-immigration supporters of Gafà

When testifying during proceedings, Gafa denied having the intention to threaten Scavo, insisting his comment was directed towards Alarm Phone because he knew how they operated.

Gafa said his was a political comment about illegal immigration and the work conducted by rescue NGOs and not a call to violence.

No representatives from Alarm Phone were summoned to testify.

Given all the circumstances, the magistrate ruled that Scavo’s claim that he felt threatened by Gafa’s tweet was not objective and liberated the latter from all charges.

The prosecution was led by inspectors Fabian Fleri and Lydon Zammit. Gafa was represented by lawyer Edward Gatt.

Gafa has gone on record saying that he had been asked by Joseph Muscat's government to serve as an unofficial contact point with the Libyan authorities to help stymie boat arrivals from the north African country.

His role at the OPM was terminated in January when Robert Abela became prime minister. Gafa has been a vocal critic of rescue NGOs on social media and offered praise to the Libyan coastguard for stopping migrant boats within the Libyan search and rescue zone.

READ ALSO: Neville Gafà reveals controversial secret migration pact with Libya

Judgment condemned by European media freedom group

The European Centre for Press and Media Freedom (ECPMF) as part of the Media Freedom Rapid Response (MFRR) condemned the court’s ruling, accusing it of failing to protect press freedom.

“We recall that verbal threats from government officials and high-profile individuals, in particular, demonise the media and independent scrutiny and can, if left unaddressed, lead to physical acts of violence and reinforce a message of impunity. In Malta, years of verbal threats, attacks on her home, vexatious legal actions and other forms of harassment preceded the assassination of investigative journalist Daphne Caruana Galizia,” the ECPMF said.

Scavo was quoted saying: “We take note of this verdict. This process has given me an even deeper insight into the Maltese situation and the climate of severe tension and continuous de-legitimisation in which the island’s journalists are forced to work.”

ECPMF said Gafà’s acquittal is not only an injustice to Scavo. “In failing to recognise how journalists are pressured and intimidated, it is also a disappointment for everyone who considers that receiving threats and insults should not be a routine ‘part of the job’ for journalists,” the organisation said.