Update 2 | Mayor released from jail after Appeals Court’s error on judgement

Zurrieq Mayor Ignatius Farrugia has been released from Corradino Correctional Facility a conviction confirmed on appeal but was erroneously sentenced to four days’ imprisonment after he was found guilty of harassing Malta Independent columnist Daphne Caruana Galizia, during a parish feast in Rabat on 19 March 2013.

The appeal was on a decision granted by the first court back in 2014 against Farrugia and mother and daughter Maria and Kimberly Vassallo.

But the appeal was lodged by Farrugia himself, which meant the appeals court judge, Giovanni Grixti, could not deliver a harsher punishment than that meted out in the first court, which was a €2,500 fine and an order not to approach Caruana Galizia.

Judge Grixti has written to the President of the Republic, asking for a pardon to confirm the release of Farrugia.

“The judge made a human error, but he was gentlemanly enough to recognise it and petition the President to pardon Farrugia and secure his release,” lawyer Franco Debono, whose office was defence for Farrugia, said.

In a statement issued in the evening, the Ministry for Justice confirmed that the President had upheld a recommendation by the Judge to pardon Farrugia.

In a letter to the President, Grixti explained that Farrugia was sent to prison as a result of a mistake in the sentence – guilt was found on a charge where it had, in fact been absent.

Since the sentence was definite, the Judge said this could not be reversed and the only way forward was for the President to issue a pardon. Of the same belief was the Attorney General.

Justice Minister Owen Bonnici advised the President to grant the pardon.

“It is unfortunate that a person was unjustly sentenced to prison and whose freedom was denied for a few hours. The government also notes that the Judge took steps to rectify the situation,” the Ministry said.

Caruana Galizia, who had previously targeted Farrugia in several poison-pen blogposts, had sought refuge in a Rabat convent after a run-in with a small crowd shouting ‘Malta Taghna Lkoll’ – the Labour electoral slogan – during a parish feast.

In previous sittings, witnesses who had been with Caruana Galizia during this feast provided graphic descriptions of how Farrugia walked behind Caruana Galizia, gesticulating to mock her. The two women were said to have called the blogger “an evil woman”.

Magistrate Francesco Depasquale found the three accused guilty of breaching the public peace and harassing the blogger. However the two women were acquitted of charges of assault. They were each fined €2,400. Caruana Galizia was placed under a protection order for a year against a guarantee of €1,000.

In a separate case, Caruana Galizia had been acquitted of defaming  the Vassallos when she published their photos on her blog. The photos, taken from the women’s Facebook profiles showed the Vassallos during a costume party.

Magistrate Francesco Depasquale said that everyone had a right to publish their own photos on social media, including Facebook, however when doing so one had accept to be on the receiving end of comments and ridicule posted by others as a reaction to the pictures.

The Vassallos had freely decided to post their photos on Facebook. Caruana Galizia used photos available to the general public and commented about them. “Such comments were deemed as fair comment,” the magistrate said.

Caruana Galizia was acquitted of defaming the mother and daughter.