Magistrate recuses herself from Rivas murder case due to conflict of interest with defence counsel

The compilation of evidence against the three men charged with the murder of Joseff Rivas will have to continue before another magistrate after the one presiding over proceedings recused herself.

Rivas was stabbed to death in Paceville last December, in an attack thought to be the result of a turf war between rival organised criminal groups in the international sex trade.

Ilie Constantin, Ionut Iulian Tanase, and Dan-Andrei Tanase are accused of the wilful homicide of Rivas, possession of arms proper during the commission of an offence against the person and carrying a knife in public without a licence.

The men are also facing further charges relating to participating in a criminal organisation, living off the earnings of prostitution, operating a brothel, allowing a property they administered to be used as a brothel.

Paceville murder victim Joseff Rivas

When the compilation of evidence against the men continued before magistrate Nadine Lia on Wednesday, the court informed the parties that she had a conflict of interest with regards to one of the defence lawyers, Arthur Azzopardi. 

Azzopardi is representing Lia’s estranged husband in criminal proceedings against him regarding an alleged episode of domestic violence against the magistrate, who is herself, is also facing charges of having insulted and threatened him.

The court pointed out that no application had been filed by Azzopardi and lawyer Jacob Magri requesting her abstention over their representation of her estranged husband in the separate criminal proceedings involving the two. Magri informed the court that Azzopardi was currently abroad and explained that her recusal had not been requested because the case against the men would not be decided by her court, but by a jury.   

Magistrate Lia, however, announced that she was taking the initiative and abstaining from presiding over the case herself. 

The compilation of evidence must now be assigned to another magistrate by the Chief Justice before it can continue.

Lawyers Arthur Azzopardi, Franco Debono, Charmaine Cherret and Jacob Magri are representing the accused men.