Convicted Daphne Caruana Galizia murder hitman Vincent Muscat is calling for the recusal of the judge set to preside over his trial in relation to the failed 2010 HSBC heist.
The request was first put forward to Madam Justice Consuelo Scerri Herrera in January, following media reports that Muscat was ready to implicate two high-profile Labour politicians who had allegedly been involved in plotting the 2010 failed armed robbery at the HSBC Malta headquarters.
Reports said Muscat had given police investigators insight into the botched heist, allegedly implicating a former minister and a sitting minister among the players in the plot, in an attempt to secure a presidential pardon on a number of crimes he was involved in.
In light of the fact that Madam Justice Scerri Herrera’s brother was a sitting minister and thus “doubtlessly” had or still has a close relationship with the two politicians allegedly involved in this plot, Muscat requested the judge to abstain “in the interest of justice and also to ensure that no shadow is cast upon this case”.
While declaring that Minister José Herrera, the judge’s brother, was not one of the two politicians referred to, his political office undoubtedly meant that he “had and/or still has” a close relationship with this former minister and sitting minister implicated in the HSBC plot.
It would, therefore, be in the best interest of justice and to safeguard Muscat’s right to a fair hearing, for the judge to abstain to ensure the case is dealt with in a transparent and serene manner, Muscat’s lawyer, Marc Sant argued.
Two other alleged hitmen George and Alfred Degiorgio have also asked for a presidential pardon in exchange for information about the murder. They also claim to have knowledge that could implicate an ex-minister and a current minister in masterminding an attempted robbery, thus lending more weight to Muscat’s own claims.
In February, Muscat was granted a presidential pardon for his role in the fatal drive-by shooting of Birkirkara lawyer Carmel Chircop in 2015, in exchange for inside information about the murder plot.
Muscat pleaded guilty to his involvement in the 2017 Bidnija car bomb murder and was sentenced to 15 years imprisonment.
He has also requested a second pardon to reveal inside information on three other crimes, two failed robberies and a murder which remain unsolved. The HSBC heist trial was scheduled to take place earlier in January but was put off indefinitely when the COVID-19 pandemic impacted the day-to-day functioning of the law courts.
Back in November 2019, Madam Justice Scerri Herrera had abstained from hearing an urgent appeal filed by three ministers seeking to overturn a magistrate’s decision green lighting an inquiry into their involvement in the Vitals deal.
On that occasion, the appeal was filed by then ministers Chris Cardona, Konrad Mizzi and Edward Scicluna who at the time sat alongside the judge’s brother in cabinet at the time the hospital privatisation deal was concluded.
Also recently, a similar request for recusal was upheld by another member of the judiciary who was to preside over the compilation of evidence against brothers Robert and Adrian Agius, Jamie Vella and George Degiorgio allegedly involved in the Caruana Galizia and Chircop murders.
On that occasion, Magistrate Nadine Lia upheld a request by Caruana Galizia family lawyers to abstain in view of her familial ties, stating she was accepting the request since such cases were to be handled “with utmost serenity and always in the best interests of justice.”
Magistrate Lia’s father-in-law is lawyer Pawlu Lia who also assisted former prime minister Joseph Muscat.