A magistrate has decided to allow testimony by court-appointed expert Martin Bajada in the compilation of evidence against three men accused of the car-bomb murder of journalist Daphne Caruana Galizia.

Lawyers representing one of the accused, Alfred Degiorgio, had filed a constitutional application in March 2018 arguing that Martin Bajada's appointment to the case violated their clients' fundamental human rights.

Mr Bajada continues to enjoy the trust of several members of Malta's judiciary, despite having been convicted of theft and fraud back in 1993.

In January Mr Justice Silvio Meli ruled that the circumstances did not pose any danger to Mr Degiorgio’s human rights and he therefore dismissed his application

However, the issue is still subject to appeal, lawyer William Cuschieri had argued, insisting that therefore, Dr Bajada should not be allowed to testify in the compilation proceedings.

In a ruling on Monday, Magistrate Claire Stafrace Zammit said that  the court’s function in compilation proceedings “is strictly to gather evidence and it is in no way to determine guilt or mete out punishment.”

Citing a judgment delivered by the First Hall, Civil Court in its constitutional jurisdiction, presided over by Mr Justice Grazio Mercieca, the court observed that interim measures were clearly exceptional in nature, thereby further reinforcing its decision to continue to gather evidence by “hearing all prosecution witnesses including that of Dr Bajada.”

The compilation of evidence continues later this week.

Independent journalism costs money. Support Times of Malta for the price of a coffee.

Support Us