Police want to force MaltaToday editor to reveal Enemalta scandal source

The prosecuting officers in the compilation of evidence against Tancred Tabone, the former Enemalta chairman charged with having accepted bribes for the supply of oil to the state energy corporation, want to file a court writ to force MaltaToday managing editor Saviour Balzan to reveal the source of information on the Enemalta bribery scandal.

Balzan told the court today he would not reveal the source that led to the publication of invoices proving the payment of bribes by Trafigura to Enemalta consultant Frank Sammut in an offshore account, back in January 2013.

"I'm declaring that I will not disclose my source and I am ready to pay the consequences of my decision," Balzan said.

According to Article 46 of the Press Act, no court shall require a person to disclose, "nor shall such person be guilty of contempt of court for refusing to disclose" the source of information contained in a newspaper or broadcast "unless it is established to the satisfaction of the court that such disclosure is necessary in the interests of national security, territorial integrity or public safety, or for the prevention of disorder or crime or for the protection of the interests of justice."

The same article provides that the courts shall not order such disclosure "unless it is also satisfied that in the particular circumstances of the case the need for investigation by the court outweighs the need of the media to protect its sources, due regard being taken of the importance of the role of the media in a democratic society."

The police told the court that Balzan was not protected by the Press Act and that only police officers were legally protected to not reveal any sources related to criminal investigations.

Prosecuting inspector Jonathan Ferris told the court that the source was "necessary" to assist police in their investigations.

The court, presided by Magistrate Claire Zammit Stafrace, told the police they had to file a writ asking a court to order Balzan whether to reveal the source or not.

In deadpan fashion, the magistrate looked to Balzan and said. "You might have to bring an overnight bag with you in the next sitting," when the journalist reiterated he would not reveal the source of his story. Not complying carries the penalty of imprisonment.

In an initial reaction, Green party chairperson Arnold Cassola posted on Facebook that the police's intention was "unacceptable. The right of journalists not to reveal their sources is sacrosant." Alternattiva Demokratika said it deplored the attempt at forcing the journalist to reveal his sources.

Unacceptable police action to force @saviourbalzan to reveal source. Right of journalists not to reveal sources is sacrosant. — Arnold Cassola (@ArnoldCassola) January 16, 2014

The acting chairman of the Public Accounts Committee, Nationalist MP Jason Azzopardi, who is leading a committee hearing of an Auditor General's inquiry into Enemalta's fuel procurement also tweeted on the court hearing.

X'qed itihom il-Pulizija issa? Anke jekk skomda ghal xi whud, il-protezzjoni moghtija mill-ligi lill-gurnalist hi... http://t.co/OPInR4EiJA — Jason Azzopardi (@AzzopardiJason) January 16, 2014

The Nationalist Party, in a statement, said that a source's confidentiality was one of the strongest journalistic freedoms guaranteed by the country's laws. "These freedoms are essential so that every journalist can carry out their job fully in a democratic society without any interferencefrom the authorities. The PN expresses solidiarty with Saviour Balzan."

On 20 January 2013, MaltaToday revealed that Frank Sammut, a petrochemist who had been chief executive of Enemalta's bunkering arm MOBC, had accepted bribes paid by Dutch commodities giant Trafigura into a Swiss bank account and paid to his private company in Gibraltar, for the supply of oil to Enemalta.

Trafigura's agent in Malta George Farrugia was later arrested and then granted a presidential pardon on condition that he gives the courts all information related to the network of bribery inside Enemalta.

Sammut and former Enemalta chairman Tancred Tabone were charged with taking bribes from Farrugia, as the representative of oil giants Totsa and Trafigura. Other Enemalta officials and businessmen have been arrested and charged with bribery in the case.