Mr Justice Aaron Bugeja has abstained from presiding over the appeal filed by three ministers seeking to overturn a magisterial decision green lighting an inquiry into their involvement in the hospitals privatization deal.

Ministers Chris Cardona, Konrad Mizzi and Edward Scicluna had filed the urgent appeal, a day after Magistrate Doreen Clarke had declared that there were sufficient grounds for the three members of cabinet to be investigated.

That appeal had originally been assigned to Madam Justice Consuelo Scerri Herrera who, however, abstained, explaining that the appellants were fellow ministers of her brother, Environment Minister Jose’ Herrera, taking her decision in the best interests of justice so that no shadow would be cast on the inquiry. 

The case was subsequently assigned to Mr Justice Bugeja who, in a decree delivered on Friday, also chose to abstain, stating clearly that he was choosing to do so in the light of the ongoing case filed by Repubblika, challenging the current system of judicial appointments.

That case, especially in view of the pending reference to the European Court of Justice, targeted six members of the judiciary appointed in April and he was one of them, Mr Justice Bugeja said. 

Although he had nothing to do with the subjects of the inquiry, Judge Bugeja decreed that for the sake of justice “being seen to be done with utmost integrity, beyond any shadow of doubt and suspicions of impartiality, prejudices, favours or injustices,” he was abstaining from hearing the appeal.

Meanwhile, the appeal has now been assigned by the Chief Justice to Madam Justice Edwina Grima.