Commentator's 'figolla tas-sena' comment scores referee €3,000 compensation

The managerial editor of Smash TV and a sports commentator were today ordered to pay €3,000 in damages for slandering a football referee.

On 29 March 2010, Josef Galdez was commenting on the football game between Sliema FC and Qormi FC, refereed by Christopher Lautier. During the second half of the game, the commentator for Smash TV started criticising the referee's decisions. When the referee signaled a penalty in favour of Qormi, Galdez called him "il-figolla tas-sena".

Similar comments were passed throughout the second half, with Galdez saying, "the best Easter gift was given by Lauthier", "The game is refereed in a shameful manner",  "another gross mistake by Lauthier". The sports commentator continued, "the referee is making a huge mess, and I take full responsibility of my comments", "a mess after another by the referee (pudina wara l-ohra)", and, "Lauthier should be given the Order of Merit for today's mess". The game concluded at 4-0 for Qormi FC.

Taking offence at such comments, Christopher Lauthier filed for defamation.

In his defence, Galdez claimed the comments were based in his own opinion, which should be seen as fair comments relating to valued judgments of a sports game.

Magistrate Francesco Depasquale commented that one cannot but condemn the lack of professionalism by the commentators, in the way they discussed the game. "The way the game was discussed does no honour to the 21 players in the pitch," the court said. 

"Comments passed by Galdez were personal insults aimed at ridiculing the referee with the sports community and violating his right to a private life. This is defamatory and slanderous and simply shows the incompetence of the commentator at discussing a game," the Magistrate said.

Meanwhile, the station's managerial editor took no action to stop the incessant abuse coming from Galdez. "This places him at par with the commentator, and his actions make him equally guilty of slander", the court said.

Jesmar Baldachino, managerial editor of Smash TV together with sports commentator Josef Galdezwere ordered to pay Lautier the sum of €3,000.

Renato Vella, who assisted Galdez in discussing the game was acquitted of the same charges, after the court found that his comments were not libelous.