Nov 24 - CM Won Case Against "Manos Limpias" - Damages to be Assessed
The Chief Minister notes with disappointment that the Spanish newspaper Vozpopuli has published “an incomplete and therefore misleading report” of the judgment given by the Chief Justice earlier this year in Mr Picardo's defamation claim against Manos Limpias and its principal officer, Miguel Bernad.
In that judgment, the Chief Justice, being satisfied that Manos Limpias had been served with the claim but had failed to respond to it within the required time, gave judgment in default against Manos Limpias and Mr Bernad for damages in an amount to be assessed at a later date. Mr Picardo has therefore succeeded in his action.
The CJ however declined to grant only Mr Picardo's application for an injunction restraining publication of the libel on the internet to readers in Gibraltar. The judge felt that it would be difficult and futile to try and enforce such an order in Spain and in respect of internet publication, and acted in keeping with the principle that the Court does not act in vain.
According to the Government, the Vozpopuli article conspicuously omits reference to the judgment for damages, focusing on the injunction and giving the misleading impression that the whole claim was dismissed. The fact that judgment was awarded to Mr Picardo and that damages will be assessed at a future hearing was made clear to Manos Limpias and Mr Bernad in correspondence.
In Mr Picardo's view such unfair reporting of court proceedings “is thoroughly reprehensible” and only serves to aggravate the amount of damages he is entitled to seek from Manos Limpias and Mr Bernad.
