Theuma Reddit leak: Defence says MaltaToday could not know recordings had been exhibited in court

MaltaToday contempt of court case: defence reiterates it had no way of knowing if Reddit recordings of Melvin Theuma were those exhibited in court

Melvin Theuma
Melvin Theuma

The magistrate hearing a contempt of court case against MaltaToday over its publication of alleged Melvin Theuma recordings has set up two sittings expressly for the purpose of allowing the defendants to see the evidence against them.

MaltaToday executive editor Matthew Vella, assistant editor Karl Azzopardi, and executive director Saviour Balzan are accused of defying a court order not to publish the contents of recordings made by Daphne Caruana Galizia murder middleman Melvin Theuma, which were played in court behind closed doors, but which were later allegedly leaked to reddit.com.

Magistrate Rachel Montebello, who is hearing the compilation of evidence against alleged mastermind Yorgen Fenech, had ordered that steps be taken against those responsible. She had also ordered steps be taken against academic Simon Mercieca, who had also published parts of the recordings on social media. 

MaltaToday had also published extracts from the recordings on 9 August 2020, before these were leaked to a Reddit thread.

The defence is arguing that it had published what it had found on reddit.com and had no way of knowing whether they were the same recordings played in court.

Court registrar Eunice Grech Fiorini presented the evidence against MaltaToday, consisting of a number of articles published by the newspaper, allegedly revealing the content of the recordings.

But defence lawyer Veronique Dalli was unable to say that they were the same articles annexed to the court’s decree, as she had not been given access to it.

After several minutes of arguments back and forth between the defence and the plaintiff, Magistrate Victor Axiak minuted that Dalli had said that they were prima facie the same articles published by MaltaToday and was therefore not contesting their veracity.

“I am giving weight to the person presenting the document,” said Dalli. “We are talking about acts which I as a lawyer have not seen and have no access to.”

Dalli said the articles had to be compared to the recordings on reddit and the originals which are in the court’s possession. She told the court that this very particular case needed a sitting to be set up to allow the defence to see and hear the evidence herself with her clients. “The preparatory work which normally takes place at the office with the client must take place in open court.”

The magistrate acceded to the request, allocating the next sitting for this purpose. The case continues next month.

The court allocated a sitting in February.