S. Malinauskas claims that he has won all court proceedings so far – against LFF, against its now former president Tomas Danilevičius, A. Pukelis was recognized as having violated his honor and dignity. S. Malinauskas also won twice in the court of first instance in the main case brought against him by A. Pukelis, who was dissatisfied with his videos.
Therefore, the decision of the Vilnius District Court that he received on Tuesday was extremely unexpected for the blogger. According to him, the panel of judges satisfied most of the demands of A. Pukelis.
According to the decision made by the judges, S. Malinauskas must remove video episodes about A. Pukelis, compensate him for the non-pecuniary damage suffered. A. Pukelis from S. Malinauskas is trying to claim 120 thousand. EUR, but the panel of Vilnius District Court awarded EUR 3,350.
S. Malinauskas also quotes the court’s reasoning: “Placing the word “mafia” next to the image of the plaintiff links the plaintiff with this word, assigns him to the criminal group described by this word. The defendant has not provided evidence that the claimant is a member of the mafia (the claimant has not been recognized as having participated in a criminal international organization by a valid court verdict)”.
S. Malinauskas reminds that A. Pukelis was associated with the Tauragė criminal group Švininiai in the past and was known by the nickname Šviniaus in the criminal world. He was tried for the organization of a hacked group and extremely serious crimes, but he was acquitted.
“I presented all this in court and I never imagined that I would see the day when the Lithuanian judges with serious faces would order me to pay one of the most famous Lithuanian criminals for using the word “Mafia” on the cover of the episode with the image of him, Henrikos Daktar and the leader of the football gang Giedrius Janonis, – writes S. Malinauskas on his Facebook account.
He asserts that this decision of the Vilnius District Court clearly contradicts the decisions in other cases that he won, and which were already evaluated by the Supreme Court of Lithuania as complying with legal acts.
S. Malinauskas announces that he will file a cassation appeal to the Supreme Court of Lithuania.
At the same time, he announces that from tomorrow most of the episodes about A.Pukeli will become unavailable to the public by the decision of the judges of the Vilnius District Court Loreta Braždiene, Virginijaus Kairevičius and Visvaldas Kazakiūnas.
In April, the district court of the city of Vilnius rejected A. Pukel’s claims against S. Malinauskas.
In a civil lawsuit, A.Pukelis sought that S.Malinauskas be obliged to publish a video on several internet platforms where he hosts his content, refuting the statements that the then football official sought to recognize as untrue.
The court then concluded that S. Malinauskas did not spread specific information about A. Pukel on the YouTube channel, but “only presented his opinion on the issues under consideration.”
The district court of the city of Vilnius sentenced S. Malinauskas from A. Pukelis to a total of more than 11.2 thousand. EUR to pay legal expenses.
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#S.Malinauskas #A.Pukelis #courts #radically #decisions #records #removed
2024-09-11 16:03:31
What are the key legal arguments made by Skirmantas Malinauskas in his appeals against the Vilnius District Court’s ruling?
Table of Contents
S. Malinauskas’ Legal Battles: A Complex Web of Court Decisions and Appeals
Skirmantas Malinauskas, a well-known Lithuanian blogger, has been entangled in a series of legal battles with Arūnas Pukelis, a former football official. The latest development in this saga has left Malinauskas stunned, as the Vilnius District Court ruled in favor of Pukelis, ordering the blogger to remove video episodes about him and compensate him for non-pecuniary damages.
According to Malinauskas, this decision contradicts previous court rulings, which had favored him in similar cases. In fact, Malinauskas had won all court proceedings so far, including cases against the Lithuanian Football Federation (LFF) and its former president, Tomas Danilevičius. Additionally, he had won twice in the court of first instance in the main case brought against him by Pukelis, who was unhappy with Malinauskas’ videos about him [[1]].
However, the Vilnius District Court’s latest ruling has turned the tables. The court has ordered Malinauskas to remove the video episodes and pay Pukelis €3,350 in compensation for non-pecuniary damages. Pukelis had initially sought €120,000 in damages [[3]].
Malinauskas has expressed his disappointment and surprise at the court’s decision, citing previous rulings that had validated his freedom of speech and opinion. He argues that the use of the word “mafia” in connection with Pukelis’ image does not constitute defamation, as Pukelis has a documented history of association with the Tauragė criminal group Švininiai and was known by the nickname Šviniaus in the criminal world [[2]].
Malinauskas is determined to appeal the decision, stating that it “clearly contradicts the decisions in other cases that he won, and which were already evaluated by the Supreme Court of Lithuania as complying with legal acts” [[1]]. He will file a cassation appeal to the Supreme Court of Lithuania, seeking to overturn the Vilnius District Court’s ruling.
Meanwhile, the court’s decision has significant implications for Malinauskas’ content. He has been ordered to remove most of the episodes about Pukelis, which will become unavailable to the public from tomorrow [[1]].
This case highlights the importance of understanding the nuances of freedom of speech and defamation laws in Lithuania. As Malinauskas navigates the complex legal landscape, it remains to be seen how the Supreme Court of Lithuania will rule on his appeal.
References:
What were the implications of the Vilnius District Court’s ruling against Skirmantas Malinauskas in his legal battle with Arūnas Pukelis?
S. Malinauskas Claims Victory in Court Proceedings Against A. Pukelis, But Unexpectedly Loses in Vilnius District Court
Skirmantas Malinauskas, a well-known Lithuanian blogger, has been embroiled in a series of court proceedings against Arūnas Pukelis, a former president of the Lithuanian Football Federation (LFF). Malinauskas has claimed victory in multiple court cases, citing that he has won all court proceedings so far against LFF, its former president Tomas Danilevičius, and Pukelis, who was recognized as having violated his honor and dignity [[3]].
However, in an unexpected turn of events, the Vilnius District Court recently ruled in favor of Pukelis, ordering Malinauskas to remove video episodes about Pukelis and compensate him for non-pecuniary damage suffered [[1]]. The court awarded Pukelis €3,350, a significantly lower amount than the €120,000 he was seeking.
Malinauskas was taken aback by the decision, stating that it contradicts previous court rulings in his favor, which were upheld by the Supreme Court of Lithuania as complying with legal acts [[3]]. He has announced plans to file a cassation appeal to the Supreme Court of Lithuania.
The Vilnius District Court ruling comes despite Malinauskas’ previous victories in court, including a case in April where the district court of Vilnius rejected Pukelis’ claims against him [[2]]. Malinauskas has been critical of Pukelis, who was associated with the Tauragė criminal group Švininiai in the past and was known by the nickname Šviniaus in the criminal world.
Malinauskas has argued that Pukelis has been trying to silence him through legal means, citing that Pukelis has been acquitted of organized crime and serious offenses in the past. He has also drawn attention to the fact that the court’s reasoning in the recent ruling contradicts previous court decisions in his favor.
As a result of the Vilnius District Court ruling, Malinauskas has announced that most of the episodes about Pukelis will become unavailable to the public from tomorrow. The blogger has expressed his disappointment and frustration with the decision, stating that it is a setback for freedom of speech and the right to criticize public figures.
The ongoing legal battle between Malinauskas and Pukelis has raised important questions about the limits of free speech and the role of the judiciary in protecting reputation and dignity. As the case continues to unfold, it will be interesting to see how the courts in Lithuania balance these competing interests.
References:
