Sant cleared of defamation in three lawsuits filed by Jesmond Mugliett

A Magistrate cleared the Former Prime Minister Alfred Sant of defamation this morning in three lawsuits filed by former Transport Minister Jesmond Mugliett.

On 6 July 2007, Mugliette had filed for libel after taking offence at Sant's speech during a PL activity in Zebbug, During the event, Dr Sant, then leader of the Opposition, had said, that, "while prime minister Gonzi takes pride in stating that things do not simply happen by coincidence, the same can be applied to lack of proper planning of roads and other projects, where the inefficiency is not a simple coincidence but happens because others are profiting from it". The speech was later quotes in a PL press release and reported in local newspaper l-Orizzont. The former transport minster stated that no intentional mistakes were carried out in order to cause project over-runs. Furthermore he was never personally involved in the execution and planning of projects.

Dr Sant argued that his was a fair comment based on a value judgement of his opinion on a matter which was of public interest. "Freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress," the accused said.

Magistrate Francesco Depasquale decreed that in his speech, Dr Sant did not voice his allegation at the plaintiff but at the whole structure adopted primarily by the ADT. The court explained how considering that the comment was passed during a political debate related to the operations of ADT, the allegations are deemed as a fair comment and cannot be held to be defamatory.

The second case referred to a press release issued by the PL on 20 July of the same year. The statement, quoting from a speech Dr Sant had delivered in Qormi, read that, "Minister Mugliett is an example of a minister who lied in parliament....the Prime Minister personally vouched for a minister who turned out to be a liar".

The comments were related to a case which saw ADT employees being arraigned over charges of bribery. The employees were convicted and handed a general interdiction. In Parliament Dr Sant had questioned the instruction, allegedly issued by then transport minister Jesmond Mugliett, that the two employees were not to have their jobs terminated pending a presidential pardon. The leader of the opposition requested Mugliett's comments on the issue of such instructions and called for his resignation. The Minister denied the allegation and said that it was a collective decision. However this was argued by ADT's Chairman who claimed the board's decision was not influenced by anyone.

The Court held that enough evidence was brought forward to prove that one of the convicted employees was a canvaser of Minister Mugliett. "The accused's insistence that this is not the truth cannot be taken into consideration as the man is not deemed credible in what he says", the court said. "The limits of acceptable criticism are wider with regards to a politician as such than to a private individual. Unlike the latter, the former inevitably and knowingly lays himself open to close scrutiny of his every word and deed and must consequently display a greater degree of tolerance."

Magistrate Depasquale again acquitted Dr Sant, saying that the comment passed by the former leader of the opposition was objectively fair and founded on the facts to which it was related, albeit passed by someone who was prejudiced.

The same magistrate, for the third time, threw out Mugliett's arguments that the defendant's comments about a conflict of interest existing between Mugliett as a Minister for Public Works and the company Sant & Mugliett, were defamatory.

Addressing a press conference outside Castille Palace on 5 February 2008, Dr Sant claimed that the Minister for Public Works was a shareholder of the company Sant & Mugliett and was entrusted with a number of public works projects like the Manoel Dimech Bridge in Marsa. "This is an example of a blatant conflict of interest", Sand had said.

Evidence showed that prior to being appointed minister, Jesmond Mugliett had a business partnership with a certain architect Robert Sant. Whilst the partnership was described as running down during Mugliett's term of office, the two remained very close. The court heard how when the architect travelled with the minister to watch a football game, he was listed as part of the ministerial delegation in order to receive the same privileges. When Mugliett was Minister for Public Works, the company Sant & Mugliete was awarded two tenders values at Lm35,000 and Lm175,000 in connection with repair works on the Manoel Dimech Bridge.

Magistrate Depasquale acquitted Dr Sant and explained that freedom of expression is not only applicable to favourably received information but also to ideas and information that offend, shock and disturb. "Such are the demands of pluralism, tolerance and broad-mindedness without which there is no democratic society," the court said.