Judge in Steward case sticks to recusal decision, condemns State Advocate's ‘intimidating’ tone

A judge has condemned what he called the “intimidating tone” of the State Advocate and the government in his regard following a decision to recuse himself.

Judge Giovanni Grixti on Wednesday confirmed his decision to desist from hearing a case instituted by Opposition leader Bernard Grech and MP Adrian Delia. The Opposition MPs are asking the court to order the State Advocate to take action to recover public funds paid to Steward Healthcare over the now-rescinded hospitals contract.

The case has been the subject of legal wrangling by the parties since it was instituted last December. The government later asked to join the case as an interested party and the judge was expected to deliver his ruling on this request earlier this month.

However, on the day the ruling was expected, Judge Grixti informed the parties he was recusing himself since his partner, a lawyer, had been appointed by a different court as curator for Steward Healthcare in separate proceedings to complete the rescission of the contract.

The State Advocate had requested the judge revoke his decision to withdraw from proceedings, insisting the decision did not follow legal provisions. In a counter reaction, Grech and Delia rebutted the State Advocate’s request, claiming it amounted to interference and undue pressure on the judge.

Delivering his decree today, Judge Grixti rebuked the State Advocate and the government for the tone adopted in their requests.

“This court cannot but deplore the not so nice tone, which was quite intimidating, adopted by the State Advocate, which was unfortunately embraced by the government,” the judge said, adding there was no need for such “ferocious” language in the judicial request.

The judge went on to confirm his recusal, insisting it was his duty to ensure that his impartiality remained intact not only during proceedings but also afterwards so that “no one would be able to point an accusing finger towards him, especially in a case that can end up in a foreign forum”.

Minister refuses to apologise

Justice Minister Jonathan Attard answering questions in parliament

Opposition justice spokesperson Karol Aquilina referred to the judge’s decree during parliamentary question time and asked his counterpart in government whether he will apologise for the intimidating language towards the judge.

Justice Minister Jonathan Attard stood up and refused to apologise, insisting he would not apologise for “actions that sought to safeguard the rule of law”.