Judge recuses himself from PN MPs' case trying to force government to recover millions from Steward

Judge Giovanni Grixti has recused himself from presiding over the case filed by Bernard Grech and Adrian Delia to force the government to attempt to recoup the millions paid to Steward Healthcare, after the judge's partner was appointed curator for the absent company.

Curators are appointed by rota and act as placeholders for absent parties to a contract, providing practically no other input in the proceedings. This form of curatorship should not be confused with the separate court-appointed curators who are representing them in civil proceedings.

In a decree handed down on Monday morning, Mr Justice Grixti, presiding over the First Hall of the Civil Court, observed that the today’s sitting had been intended for him to issue a decree on the application filed by government and the Cabinet of ministers on 15 January, to be admitted as parties to the case, which currently has only PN leader Bernard Grech and his predecessor, Adrian Delia, as plaintiffs and the State Advocate as defendant.

As a result of that application, the First Hall, presided by Mr Justice Francesco Depasquale, had appointed lawyer Yanika Bugeja as curator to represent the absent Steward Malta Assets Limited, previously Vitals Global Healthcare Assets, for the purposes of publishing the rescission of the emphytheutical concession over the hospitals subject to the now-revoked deal.

The act rescinding the concession, on which Bugeja had represented Steward as curator, was subsequently published on 19 January. Mr Justice Grixti explained that he had been made aware of the nomination of his partner as curator during the evening of 18 January. This meant that Bugeja had now provided professional services in representation of Steward Malta Assets on the same issue which forms the merits of the case before him, said the judge.

As she was also answerable for the absent company’s present and future actions, this had created a situation which impeded the judge’s ability to continue hearing submissions on and eventually determining the case.

“The principle that justice must not only be done but also be seen to be done is a principle that is subject to no exceptions,” Grixti said. “Although the parties may freely declare that they have the greatest of trust in the presiding judge, as they had after all during the sitting on 8 January 2023, the court as presided does not feel at all serene in continuing to hear this case, now that this conflict of interest has been created and it will in no way compromise the aforementioned principle.”

The judge ordered that the acts of the case be sent back to the Registrar to be re-assigned according to law.