Updated 5pm with minister's comment

Justice Minister Jonathan Attard insisted there were no intimidation motives behind the decision to charge lawyer Jason Azzopardi with filming a video inside the law courts without permission.

The case revolves around a video published by NET news showing Prime Miister Robert Abela and Justice Minister Attard in a conversation at the courts on December 2. 

Filming inside the law courts is prohibited without authorisation from the director general or the chief justice.

Azzopardi, a former Nationalist Party MP appeared in court at 2pm on Monday, following an order from court authorities. He declined to comment on the case but told journalists: "The world's upside down".  

The short video, filmed near Hall 19, was published on Facebook by the PN-owned NET News shortly after a court ruling that empowed the State Advocate to recover funds from Steward Health Care.

NET News claimed the footage showed the prime minister and justice minister discussing a "partisan strategy" following the government's legal defeat. 

Court Servies Agency CEO Eunice Grech Fiorini, told the court she directed security officers to review CCTV footage from the corridor where the footage appeared to have been taken and it matched Azzopardi’s location at the time.

Grech Fiorini said she alerted the chief justice after identifying the footage, as filming in court without authorisation from the director general or chief justice is prohibited. After seeking legal advice, she was told to file a criminal complaint.

Another clip shown in court shows Azzopardi walking past the prime minister's team after exiting hall 20 where the three judges presiding over the appeal had delivered judgment in connection with the hospitals deal. The court authorities said the footage corresponds to the Facebook video.

Chief marshal John Micallef testified that the CEO had instructed him to report the incident to police.

When asked by defence lawyer Arthur Azzopardi whether Azzopardi had been caught filming, Micallef replied, “I only saw him walk past, as I do a thousand times a day.”

During Justice Minister Jonathan Attard’s testimony, Azzopardi loudly remarked, “It seems you have nothing better to do,” before being silenced by his lawyer.

Attard said he and the prime minister had been reviewing the "80-page judgment" before Abela gave comments to the press. They got to know about the footage later at Castille, he said. 

The agency’s lawyer said the only evidence left is the court expert and the editor of Net News to confirm the contentious footage. The court is told that prime minister Robert Abela and secretariat member Aaron Zahra will probably not testify.

The case has been adjourned to January 15. 

Exiting the law courts, minister Attard insisted that the arraignment had nothing to do with intimidation but about ensuring order inside the courts of justice. 

"The court administration did what it had to do. This has nothing to do with intimidation," the minister said. 

Azzopardi told reporters he would not comment about the ongoing case but thanked the overwhelming support he received, including from the opposition. 

Illegal to film inside court

It is illegal to take any photos or video inside the law courts without the express permission of the director general of the law courts and the chief justice.

According to the Code of Organisation and Procedure, anyone caught doing so can be arrested for up to 24 hours, expelled from the court, reprimanded or fined up to €1,164.

In a social media post, Repubblika's honorary president Robert Aquilina pledged support for Azzopardi.

"If Robert Abela thinks he can destroy one of us, he's very mistaken. Now is the time for unity and determination," he said.

PN expresses solidarity with Azzopardi

In a statement, the PN expressed "full solidarity" with Azzopardi, saying Abela took the "most vindictive and dangerous step" because he was still bitter about losing the case filed by the Opposition over the hospitals' deal.

"Abela’s decision is solely intended to intimidate anyone willing to expose information about him and the significant abuses he and his ministers are committing," PN spokesperson for justice Karol Aquilina said.

"This decision is not only disproportionate but also cowardly, as it seeks to obstruct activists fighting for the rule of law in exercising their constitutional rights."

Aquilina added that Abela had learnt nothing from the "illegal and abusive arrest" ordered under his predecessor against journalist Norman Vella, allegedly for taking a photograph of Kurt Farrugia and Ramona Attard in a public place at Malta International Airport.

"It is scandalous that Abela is using the current circumstances to intimidate anyone with information about him, discouraging them from sharing it with journalists and media outlets," Aquilina added.

Labour accuses the PN of double standards

The Labour Party reacted to the PN statement, saying that it appeared that for Bernard Grech there is a law for the gods and another for the people.

"Jason Azzopardi speaks frequently about contempt of court, but then expects that no one should take action against him if he does it himself," the PL said. 

"Respecting the rule of law, Bernard Grech and Jason Azzopardi should stop practicing double standards on offenders.

While it is the institutions that decide guilt or not, today we have had another confirmation about the hypocrisy of the Nationalist Party.

The court agency is being represented by lawyer Alfred Abela and Rene Darmanin.

Abela minuted that Azzopardi was not brought under arrest and  there would be no need for any request for bail.

The case has been adjourned to January 15.