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Constitutional court to hear Busuttil application for Judge Antonio Mizzi’s recusal in November

A Constitutional application filed by Simon Busuttil, to judge Antonio mizzi, was assigned a hearing on 7 November

matthew_agius
Matthew Agius
20 October 2017, 4:30pm
A Constitutional application filed yesterday, by former PN leader Simon Busuttil, to Judge Antonio Mizzi’s decision not to recuse himself in a case, which involved several high profile members of government, was assigned a hearing on 7 November.

Judge Joseph Zammit Mc Keon will be deciding the matter.

Busuttil had filed an application before magistrate Ian Farrugia back in July, then calling for an investigation into the Panama Papers, as well as high profile Maltese individuals.

The purpose of the inquiry is to establish whether money-laundering laws were breached by government officials, in opening offshore companies in Panama, as well as opaque financial structures in New Zealand.

Magistrate Farrugia later decreed that the pre-requisites for a magisterial inquiry had been satisfied.

The seven individuals mentioned in the application – Prime Minister Joseph Muscat, his chief of staff Keith Schembri and Tourism Minister Konrad Mizzi, as well as businessmen Brian Tonna, Karl Cini, Malcolm Scerri and Adrian Hillman – filed an application, asking for the revocation of Farrugia’s decree.

The appeal is being heard by judge Antonio Mizzi.

Busuttil then requested the judge’s recusal, on the grounds that Mizzi’s wife, MEP Marlene Mizzim is a member of the European Parliament’s S&D party, which has ties to the Labour government, but Mizzi refused.

In the Constitutional application filed on Thursday, Busuttil asked the First Hall of the Civil Court in its Constitutional jurisdiction, to declare a violation of his right to a fair hearing, and to revoke previous decrees. He also asked for the appeal to be assigned to another member of the judiciary.

lawyer and PN MP Jason Azzopardi signed the application.

matthew_agius
Court reporter Matthew Agius is a Legal Procurator and Commissioner for Oaths. Prior to re...