Updated 7.54om with PL statement below.
A court has effectively stopped an appeal by lawyer Jason Azzopardi, who is seeking a magisterial inquiry into Gozo Minister Clint Camilleri over an alleged “racket” in the allocation of mooring spots at Mġarr harbour.
Madam Justice Consuelo Scerri Herrera on Tuesday said she was abstaining from taking a decision since the recently enacted magisterial inquiry reform law states that the criminal courts must refrain from deciding on any pending requests for a magisterial inquiry.
The controversial reform became law after it was published in the Government Gazette on Friday.
Under the new law, people can no longer directly ask a magistrate to open an inquiry. Instead, they must first approach the police. If the police do not take action, they can then take their case to a judge, who will decide whether an investigation is warranted.
The law includes a provision stating that in any ongoing requests for a magisterial inquiry, “the Magistrate or Criminal Court must refrain from continuing to deal with the request for an inquiry.”
Azzopardi filed his appeal after his original request for an inquiry was dismissed by Magistrate Brigette Sultana. A further two requests on different issues were also rejected by Magistrate Sultana and have also been appealed.
In all his appeals, Azzopardi claimed he had reason to believe the inquiring magistrate did not write the court decrees and Magistrate Donatella Frendo Dimech authored them instead.
Azzopardi is awaiting decisions on the remaining two appeals: one requesting an investigation into Camilleri and Gozo Permanent Secretary John Borg over a swimming pool project that went €17 million over budget; and another seeking an investigation into Camilleri, Borg, and architect Godwin Agius over a Nadur road project that exceeded its budget by €10.5 million.
Jason Azzopardi loses his temper and shouts at minister in court
Tensions flared in court on Tuesday during a hearing on the two remaining appeals, presided over by Mr Justice Aaron Bugeja.
The disruption began when Azzopardi accused the government of introducing the reform specifically to block investigations. He argued that the new law proved Camilleri “has something to hide,” prompting Camilleri to chuckle and mutter something under his breath.
The remark enraged Azzopardi, who slammed his hand on the table, stood up, and began shouting at the minister.
“If you didn’t have things to hide, you wouldn’t have passed this law... Where do you think you are, trying to silence me?” he shouted across the courtroom.
The judge repeatedly called out, “Dr Azzopardi, where do you think you are?” each time raising his voice, as Azzopardi continued his outburst before finally calming down.
Camilleri’s lawyer, Stephen Tonna Lowell, urged the judge not to let Azzopardi’s conduct go unchecked - “Throw me in jail then. Bring it on,” Azzopardi responded, prompting the judge to step in once again to restore order.
Tonna Lowell argued that, since the new law has been enacted, the court must refrain from issuing a decision on Azzopardi’s appeals, similar to the ruling made by Scerri Herrera in the other case.
Lawyers Arthur Azzopardi and Charles Mercieca, representing Agius and Borg respectively, echoed the same arguments.
Azzopardi contested that, arguing that in terms of the Interpretation Act, if a legal amendment removes existing rights, any ongoing legal proceedings must continue.
However, Tonna Lowell pointed to the clause “unless the contrary intention appears,” arguing that Azzopardi’s point was invalid, as the new law explicitly stated that all pending magisterial inquiry requests must cease.
Mercieca added that the new law does not abolish people's right to request an investigation—it merely provides a new procedure for doing so.
In a previous sitting, Azzopardi said he would file a constitutional case claiming that his fundamental rights had been breached once his appeals to investigate the Gozo minister are thrown out.
The judge will give a decision on the appeals at a later date.
Lawyer Ramon Bonett Sladden represented the Attorney General. Lawyer Stephen Tonna Lowell represented Minister Clint Camilleri. Lawyers Charles Mercieca represented John Borg and Arthur Azzopardi represented Godwin Agius.
PL condemns Azzopardi's behaviour in court
In a statement the Labour Party condemned Azzopardi's behaviour in the courtroom, saying he was aggressive and rude.
It also expressed solidarity with minister Clint Camilleri.