One of the three men accused of murdering Daphne Caruana Galizia two years ago tomorrow, has filed a fresh application for proceedings against him to be suspended.

George Degiorgio called on the First Hall, Civil Court to suspend proceedings before the Criminal Court “with immediate effect” until a challenge he has made on the legality of phone-tapping is definitively concluded.

He has challenged as unconstitutional a law empowering the Security Service to tap telephone calls.

He also pointed out that despite constant reference to such intercepts by the prosecution during the compilation of evidence, no recordings or transcripts were ever produced in court. There therefore there was no proof of their existence and whether they had been obtained under the relevant minister’s warrant, his lawyer, William Cuschieri has argued.

He argued that the Security Service Act breached Mr Degiorgio's rights and he therefore requested that any illegally obtained evidence be withdrawn from the records of the case.

The lawyer said the evidence presented during the compilation stage had clearly shown that intercepts had proven crucial to landing the three suspects, namely, Mr Degiorgio, his brother, Alfred and Vincent Muscat, under arrest.

Therefore, it was “evident” that the outcome of the phone tapping challenge could have a bearing upon the criminal proceedings.

Madam Justice Edwina Grima, is to consider preliminary pleas prior to the case due to be held on October 31.

The lawyer requested the First Hall, Civil Court to grant an interim measure so that proceedings before the Criminal Court against Mr Degiorgio be suspended with immediate effect until the phone-tapping case was definitively concluded.