Court calls on Justice Commission to investigate lawyer, throws out ‘hateful’ libel

Magistrate Francesco Depasquale has called on the Permanent Commission for the Administration of Justice to investigate lawyer Emmy Bezzina, who filed a libel case on behalf of a man who libelled his estranged wife on behalf of his two year-old daughter, over an alleged assault.

The Court ruled that the suit was "hateful" and "frivolous" given the evidence which indicated that the only reason the case was filed was to "pressure" the adversary over other proceedings.

James Delmar was fined €700 for the action taken before Magistrate Depasquale's court, and ordered that he also pays for all costs incurred during the proceedings.

The libel was filed amid separation proceedings between James Delmar and his estranged wife Charlene, over her allegations in legal letters sent to him by her lawyers, which said that he had forced himself on her.

Charlene Delmar had filed a police complaint about the matter, and James Delmar replied through a sworn statement denying the allegation.

James Delmar stressed that his wife's accusation was false and defamatory, but he failed to produce any evidence to sustain a new allegation, this time that his wife had presented false documents to court.

But James Delmar had filed the libel on behalf of his two year-old daughter , an action which the court found to be despicable, for involving the girl in a fight with his former wife.

Magistrate Depasquale ruled that James Delamr had libelled his estranged wife over what was being said during court proceedings related to their separation case, and stressed that whatever was said in a court room was considered to be "privileged."

In dismissing the suit, Magistrate Depasquale stressed that "this abuse was to be condemned and penalised because it wasted court's precious time,"  adding that it was fuelled by lawyer Emmy Bezzina who rode over nothing but "hurt pride."

Lawyer Michael Tanti Dougall appeared for Charlene Delmar.