Former Opposition leader Simon Busuttil has filed a constitutional application to overturn Mr Justice Antonio Mizzi's decision not to recuse himself in appeals filed by Prime Minister Joseph Muscat, his chief of staff Keith Schembri, Tourism Minister Konrad Mizzi, as well as Brian Tonna, Karl Cini, Malcolm Scerri and Adrian Hillman regarding the Panama Papers case. 

The appeals are from a decision taken in July by Magistrate Ian Farrugia, who had decreed that the pre-requisites for a criminal investigation had been met.

Read: Judge Mizzi decides to hear Panama Papers appeals; PN protests

Dr Busuttil observed that MEP Marlene Mizzi, the judge's wife, had expressed her thoughts on the Panama Papers, agreeing with the PL position, and that of Prime Minister Joseph Muscat.

Marlene Mizzi had also consistently attacked and criticised what the Opposition said on the involvement of the "suspect persons."

Dr Busuttil asked the Constitutional Court to declare that his right to a fair hearing was breached, to revoke or annul any decree or sentence that affected the case, and that the appeal be heard by a different person.

Dr Jason Azzopardi signed the application.