A woman who insulted a PN youth activist on Facebook, vowing to torment her “to the grave”, has been fined and given a suspended sentence.
Francielle Ellul appeared in court on Friday after the case had already been twice adjourned so that the woman might seek legal advice over the case.
But when she turned up today alone and after being asked by the court whether she wanted the assistance of a lawyer, the woman categorically replied “No.”
Ellul was charged with misuse of electronic equipment and insulting and threatening a person, after Nationalist Party youth activist Eve Borg Bonello filed a report against her over a message posted to social media platform Facebook.
The incident happened two years ago, when Borg Bonello was just 16 years old.
In the comment, Ellul swore at Borg Bonello in broken Maltese and vowed to continue to torment her to the grave, adding that she hated « her and those with her ».
“Using Facebook to wish Maltese society a good day…is one thing, but using Facebook to instil fear and anxiety is not right,” said Magistrate Ian Farrugia as he explained in simple terms the meaning of the charges.
“And that is what you are being charged with,” said the magistrate, asking the accused to go outside the courtroom for a while so as to ponder on the charges and reconsider her admission.
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In the presence of the accused, Borg Bonello took the witness stand explaining that the incident took place after she had addressed a public protest at Valletta over Daphne Caruana Galizia’s murder.
Borg Bonello had criticised the government in that speech, and said she was subsequently targeted by many comments on Facebook. Some of those comments made her feel that her life was threatened, she said.
The accused’s comment was to be taken in the context of Borg Bonello’s own reference to Caruana Galizia during that protest speech, the court was told.
In light of that testimony and after giving the accused sufficient time to reconsider, the court declared Ellul guilty, condemning her to a six-month jail term suspended for four years and a €1500 fine.
As the magistrate explained the import of that sentence to the accused, he warned that any such comment or behaviour would spell trouble.
“It’s up to you now,” said the magistrate as he directed the woman to sign notice of appeal, explaining that she could either seek legal assistance on the way forward or else abide by the conviction.
“Would you wish your son to be beaten up after a football match? She [Borg Bonello] is a daughter too,” was the magistrate’s last word to the woman.
Lawyer and PN MP Karol Aquilina assisted Borg Bonello.
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