Brussels urged to condemn libel suit over tuna corruption allegations

Alexander Koronakis, the director of magazine New Europe (NE), has written to the Vice President of the European Commission, Viviane Reding, accusing Prime Minister Lawrence Gonzi and rural affairs and resources minister George Pullicino of "terrifying the publishers and the journalists of the newspaper" through a libel suit aimed at silencing critics of the bluefin tuna trade.

Following legal action instituted in the Belgian courts by Gonzi and Pullicino, Koronakis penned a strongly worded letter in which he urges Reding to act decisively in condemning this attempt to "intimidate the free press and hinder the institution of free speech, which serves to protect the citizenry and demand an accountable society."

Citing the preamble of the Treaty on the European Union which states "to the principles of liberty, democracy and respect for human rights and fundamental freedoms and of the rule of law," Koronakis demanded that the vice commissioner uphold the principles of freedom of expression and pluralism.

"It is obvious that in this way, the applicants' intention is to deprive European citizens from independent information by terrifying the publishers and the journalists of the newspaper while severely damaging NE, a newspaper with esteemed reputation for its independent coverage, with over 20 years of uninterrupted worldwide circulation," Koronakis said.

Citing the preamble of the Treaty on the European Union which states "to the principles of liberty, democracy and respect for human rights and fundamental freedoms and of the rule of law," Koronakis demanded that the vice commissioner upholds the principles of freedom of expression and pluralism.

He pointed out that such intimidation seriously affects the image of New Europe with its clients and potential investors, while also affects the morale of its staff and business associates.

"Should the applicants be interested in the truth, they would have opted to exert their right of restoring eventually wrong information in the article or in any way to express their own views; a phone call would suffice to arrange for an opinion, letter to the editor, or interview with these high level personalities," Koronakis said.

"Indeed, New Europe's publicly stated values dictate that the interested persons would get an amplified platform to respond. These values are: a plurality of opinion, a watchdog for an accountable society, a commitment to integration while respecting cultural identities.

The newspaper said it will defend itself before the Belgian Courts and warned that it will take action against Gonzi and Pullicino by initiating lawsuits at criminal and civil levels.

"This kind of abuse of (a) power, (b) the legal system and its processes, and (c) public opinion at a time where Malta is preparing for elections, is sickening," the strongly worded letter said.

The letter, dated September 4, was copied to European Commission president Jose Maria Barroso and EU Parliament president Martin Schulz.

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Case may be dismissed on technicality

The same libel suit filed however risks falling through, after a Belgian court ruled it was not the competent court to settle the matter.

Gonzi and Pullicino filed their lawsuit back in July 2012 over comments reported in an interview carried in New Europe, with Sea Shepherd Conservation Society founder Paul Watson.

In this interview, Watson was quoted as saying: "what is happening in Malta is that there is a whole illegal enterprise going on there with the full support of the politicians who are being bribed by these tuna fishermen."

In their headline story, 'Malta's PM Gonzi and Minister Pullicino file suit against New Europe', the magazine explained said Gonzi and Pullicino were asking for €25,000 each in damages from Court of First Instance of Brussels for the interview carried in February 2012.

A new ruling is expected to see how the case will proceed.

New Europe director Alexander Koronakis has defended his decision to carry the interview, saying that neither Gonzi's nor Pullicino's names were mentioned.

Koronakis says a letter from Pullicino sent to the magazine on 30 April through a law firm never reached their headquarters. The director also took issue with the fact that the letter was not delivered through the Maltese embassy in Brussels.

"Following what seemed to be measures which do not comply to standard press relations for a European country the Maltese government did not use the tools present in Brussels on its behalf to try to contact the newspaper and make its discomfort with the article in question known, instead it used a letter which was never delivered, and a very general email address to forward on its claim, which only reached our spam files," Koronakis said.

Additionally, in preparing for its defence and counter-suit, the magazine produced a fische d'infraction and the mise en demure letter for an infringement notice issued by the European Commission on delays by Malta to submit Bluefin tuna data back in September 2007.

Malta replied to the letter of formal notice of 30 November 2007 "recognising the failures mentioned by the Commission."

Under then European Commissioner for fisheries Joe Borg, a former Maltese minister, Malta was served with an infringement notice for: not communicating mandatory data as a an ICCAT party, vessel information, and catch reports on a five-day basis and monthly catch reports.

MaltaToday is not informed as to the underlying causes of this infringement notice.