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Sep 03 - Government Takes Legal Action Against ‘Manos Limpios’

govtAs has already been stated publicly, on 19th August 2013, the Spanish right wing group Manos Limpias issued a complaint addressed to the European Commission against the Chief Minister of Gibraltar, Fabian Picardo and the Governor of Gibraltar, complaining of alleged breaches of EU environmental law and the law of the sea. At the foot of the complaint, Manos Limpias made a defamatory statement about the Chief Minister. The statements in question also referred to His Excellency the Governor, Sir Adrian Johns.

On 30th August 2013, Mr Picardo instructed solicitors to write to Manos Limpias complaining about the defamatory and untrue nature of this statement and asking for appropriate remedies, notably that these allegations be withdrawn before the European Commission, that a retraction and apology be published, that he be indemnified for his legal costs and that an appropriate sum to be given to a charity of Mr Picardo’s choice to reflect the harm caused to him by the allegations. Mr Picardo required that these actions should occur or be agreed before 5pm today.

On 2nd September 2013, Manos Limpias issued a Press Release stating that Mr Picardo required Manos Limpias to withdraw its complaint to the European Commission, give Mr Picardo a public apology and, in addition, to pay him financial compensation. The statement repeated the defamatory statements complained off by Mr Picardo.

This latest press release by Manos Limpias is wholly inaccurate and misleading in that:

Firstly, Mr Picardo does not seek a withdrawal by Manos Limpias of its entire complaint to the Commission but only of the defamatory statement quoted above.

Secondly, Manos Limpias’ Press Release is also incorrect in stating that Mr Picardo is seeking financial compensation for himself. The only monetary relief sought by Mr Picardo other than the reimbursement of legal costs, is that an appropriate sum reflecting injury to his reputation be paid to a charity of his choice and not to him.

Whilst as a politician Mr Picardo accepts that people may wish to challenge the executive actions of Her Majesty’s Gibraltar Government on environmental or other grounds in appropriate international fora, he cannot remain passive to malicious and spurious allegations of criminal conduct against him and the Governor.

The Chief Minister considers that in the discharge of his functions he is entitled to the protection of the law against such false and reprehensible allegations which reflect on the good name of Gibraltar and its people. He hopes, however, that common sense and decency will prevail and that Manos Limpias and his other detractors will have the good sense to distinguish between what is lawful and bona fide criticism (however ill-founded and legally flawed) and what is not.

In the circumstances, and having not received the required apology and retraction and an offer as to damages, Mr Picardo has instructed his solicitors to commence proceedings in the Supreme Court of Gibraltar.