Judge recuses herself from appeal filed by Jason Azzopardi over swimming pool magisterial inquiry

Judge Natasha Galea Sciberras has recused herself from presiding over an appeal filed by lawyer Jason Azzopardi, challenging a decision rejecting a request for a magisterial inquiry into the construction of a sports centre swimming pool in Gozo.

The recusal of the Judge had been requested by Gozo Minister Clint Camilleri and Permanent Secretary John Borg, with Azzopardi in turn claiming that said request had merely been made with the aim of selecting a judge by elimination.

The court, in assessing the plea, noted that the daughter of the presiding judge presently works within a law firm in which lawyer Arthur Azzopardi, whom Jason Azzopardi had engaged in unrelated proceedings, is a partner. It noted that whilst this appointment in and of itself would not be sufficient to give rise to the recusal, reference also had to be made to the fact that lawyer Arthur Azzopardi is also assisting Architect Godwin Agius in other proceedings similar to those at hand.

Indeed, it was noted that whilst Arthur Azzopardi is not presently assisting, in the case at hand, any of the parties, Jason Azzopardi had indicated that there is a connection between Camilleri, Borg, and Agius, who, although not party to the present case is party to proceedings which may be considered to be parallel and which are currently being heard before a variously presided court.

It was ultimately remarked that these proceedings, which relate to the public administration, are at the very first glance connected to separate proceedings in which lawyer Arthur Azzopardi is involved.

This, the Court held, could not be swept under the carpet.

The recusal request was thus upheld.