Social benefits fraud: Case against Silvio Grixti and four others to be assigned to different magistrate

Criminal proceedings against former Labour MP Silvio Grixti and four others over their alleged involvement in enabling social benefits fraud are to be assigned to another magistrate, after the presiding magistrate confirmed his decision to recuse himself today.

Medical doctor Grixti, 49, appeared in the dock before magistrate Leonard Caruana, together with Roger Agius 45, Emmanuel Spagnol, 69, Dustin Caruana, 36 and Luke Saliba, 33, to face charges relating to fraud and organised crime.

But as things currently stand, none of the men have actually been charged yet. The defendants had originally been arraigned by summons before the magistrate last week, but the proceedings immediately stalled when the magistrate pointed out that he was unable to preside over the case for legal reasons. 

After hearing submissions on the matter, in particular the prosecution’s examination of the legal aspect of the situation. 

The court observed that in light of the submissions made by the prosecution, it was “of the belief that impartiality and objectivity in the examination of evidence remains a cardinal and fundamental principle of every court.”

Accordingly, Magistrate Caruana decreed, in order to ensure that justice was not only done, but also seen to be done, he was confirming his abstention and sent the acts of the case back to the registrar in order to be reassigned to another magistrate.

The disability benefits racket allowed claimants - from Labour Party electoral strongholds-  to falsely claim that they suffered from a disability in order to receive monthly payments of around €450 on average, in social benefits. 

Lawyers Jason Azzopardi and Kris Busietta are assisting Agius, with lawyers Franco Debono and Arthur Azzopardi assisting Grixti. Saliba is being represented by lawyers Josè Herrera and Matthew Xuereb.