Court confirms garnishee on man convicted of circulating pornographic video of minor

A man who had been condemned, along with two others, to pay over €32,000 in damages for circulating a pornographic video featuring an underage girl that had been shot without her consent has lost a bid to lift a garnishee order imposed on him after his sentence.

Derek Lee D’Amato of Ghaxaq, today 39 years old, had been sentenced to probation on a plea-bargaining agreement after he had admitted to having, along with John Martin and Jurgen Debattista, secretly filmed a sexual encounter with the then 16-year-old girl, 13 years ago in 2006. The criminal case against other men involved in the crime had been ruled to be time-barred.

The victim had subsequently filed a case for damages before the First Hall of the Civil Court and was awarded €32,656.51 in January this year, to be paid jointly by D’Amato, Martin and another man who was subsequently called into the civil suit -Emanuel Theuma.

Both D’Amato and the victim had filed appeals following the judgment. The victim had asked the court to declare the percentage of permanent debility she had suffered as a result of the crime to be 30% and not the 6% awarded.

D’Amato also filed a request for the revocation of the warrant of a prohibitory injunction preventing him from selling the property in Paola.  He argued that were the victim’s appeal to be upheld, the damages she was requesting would reach €163,282.56. He also presented the court with an architect’s report, which valued a Fgura property of his at €200,000, arguing that this was, therefore, sufficient security for her claim.

The court started off by noting that the injunction preventing the sale of the property had been issued for a house with another street number.

As the judgment had been appealed, the First Hall of the Civil Court had abstained from taking cognisance of the application for the revocation of the warrant and ordered that the acts be transferred to the Court of Appeal.

The victim had replied that D’Amato had failed to show that the alternative guarantee was definite, clear and actionable. Her lawyers pointed out that he had not exhibited notarial searches to show that the property in question was free and unencumbered and not guaranteeing other debts, nor did he prove that it was not leased out to third parties.

The Court of Appeal, presided by Chief Justice Mark Chetcuti, together with Mr Justice Joseph R. Micallef and Mr Justice Tonio Mallia, noted that D’Amato had not provided any evidence, bar that of his own architect, as to the value of the property. This was not sufficient for the court to conclude that he could provide a “fitting and sufficient” alternative to the garnishee.

The judges, therefore, dismissed the request, with costs to be borne by the plaintiff.

Lawyer Claudio Zammit appeared for the accused, whilst lawyer Andrew Saliba appeared for the victim.