State Advocate wants judge to revoke recusal decree in Steward case

The State Advocate wants Judge Giovanni Grixti to withdraw his recusal from a case filed by Opposition MPs, insisting the decree on Monday was procedurally incorrect.

In a sworn statement on Tuesday, State Advocate Chris Soler said the judge did not follow the correct procedure thus denying the parties to the case the chance to make submissions.

On Monday Grixti was expected to deliver judgment as to whether the Prime Minister and his Cabinet could join the case instituted by Bernard Grech and Adrian Delia against the State Advocate. The Opposition MPs want the court to order the State Advocate to initiate legal action to recoup the millions of euros paid to Steward Healthcare as part of the hospitals deal.

The deal was struck down by the courts last year.

The government had asked to join the case but when decision-time arrived on Monday, the judge announced he was recusing himself because his partner had since been appointed curator of Steward on a deed that cancelled the original contract. Steward was absent from the deed and so a curator had to be appointed. In these circumstances the curator’s role is of minimal importance.

Nonetheless, Grixti ruled that it was right for him to step away from the case to avoid any conflict of interest despite both parties having expressed trust in him during a sitting earlier this month. The lawyers for Grech and Delia had raised the point that a now-deceased relative of the judge had in his medical capacity been asked by the government to carry out due diligence on the medical aspect of the deal.

However, they eventually agreed that the judge should continue hearing the case.

In his sworn declaration today, the State Advocate said the judge should have first informed the parties prior to his recusal.

The law stipulates that the judge may continue hearing the case if the parties consent although he may still recuse himself if he feels he should.

“For a court decree to be legitimate, it has to be procedurally correct… the law requires that a ruling is given before the sitting, the parties are notified and given the opportunity to make their own submissions,” the State Advocate said.

Soler asked the court to revoke the recusal decree and follow the procedures laid out at law.