[WATCH] Daphne Caruana Galizia murder: Magistrate withdraws from case
A new magistrate will have to be appointed to preside over the compilation of evidence against three men accused of assassinating journalist Daphne Caruana Galizia • The accused asked for Magistrate Donatella Frendo Dimech's withdrawal after she made it known that she had been in the same school as Caruana Galizia's sister 34 years ago
Magistrate Donatella Frendo Dimech has decided to withdraw from the Daphne Caruana Galizia murder case after doubts about her impartiality were raised by the accused, who appeared in front of her this morning.
The magistrate decided to recuse herself after lawyers for George Degiorgio, Alfred Degiorgio and Vince Muscat said her familiarity with the victim's sister could create doubts on decisions she may make during the case.
Frendo Dimech was going to preside over the compilation of evidence, which is a pre-trial stage when the police present the evidence they have against the accused. The magistrate would then decide whether their is enough evidence for the men to stand trial.
The men were taken to court this morning from the Corradino Correctional Facility under heavy police escort.
However, at the start of the sitting, Frendo Dimech said she had been in school with one of Caruana Galizia's sisters until 1983 and every year they exchanged birthday greetings. The magistrate said she had also expressed her condolences to the woman after the murder.
Lawyers for the accused insisted their clients feared the magistrate may not be impartial during the course of the case as a result of her familiarity with Caruana Galizia's sister.
After retiring to her chambers for two hours, Frendo Dimech decided to recuse herself, even though the objection being raised was not one sanctioned at law. However, she added that justice had to be seen to be done and given that doubts had been raised over her impartiality, she opted to withdraw from the case.
A new magistrate will now have to be appointed to hear the compilation of evidence.
The Degiorgio brothers and Muscat are charged with assassinating the journalist with a car bomb on 16 October. They were arrested during a massive police and army raid on their quarters in the Menqa area of Marsa earlier this month.
Seven other men arrested during the raid have since been released on police bail.
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Caruana Galizia was blown up by a bomb placed inside her car. She had just left her family home in Bidnija when the bomb was detonated by an SMS, allegedly sent by George Degiorgio from his cabin cruiser.
The murder also led to various protests by the Civil Society Network and other groups that called for justice to be done as they cast a spotlight on the adequacy of the rule of law in Malta. The situation also caught the eye of the European Parliament that sent a fact-finding mission to the island.
Who are the accused
- George Degiorgio 55, unemployed, lives in St Paul's Bay, known as Ic-Ciniz
- Alfred Degiorgio, 53, unemployed lives in St Paul's Bay, known as il-Fulu
- Vincent Muscat, 55, unemployed lives in Msida, known as il-Kohhu