A judge has abstained from presiding over constitutional proceedings filed by the Romanian prince whose extradition saga continues before the Maltese courts.

Paul Philippe al Romaniei, 75, is battling a request for extradition by Romanian authorities to serve an almost three-and-a-half-year jail term after being convicted in his homeland in absentia.

A Magistrates’ Court rejected that request in May, but the decision was reversed by another magistrate who was re-assigned the case after the Attorney General successfully appealed the first judgment.

Six days ago, Magistrate Donatella Frendo Dimech upheld the extradition request and remanded the wanted person in custody pending his return to Romania, subject to the right to appeal the decision or file a breach of rights case.

Since that judgment, al Romaniei’s lawyers unsuccessfully filed two Habeas corpus applications, challenging the legality of his arrest beyond the 60-day statutory time limit within which extradition proceedings were to be wrapped up.

The prince has been in custody since his arrest in April on the strength of the EAW while attending a conference in Malta. 

His lawyers also instituted proceedings before the constitutional courts claiming that there was a real risk that the prince would suffer a breach of his fundamental rights if sent back to Romania.

His conviction by the Romanian courts related to the alleged illegal restitution of real estate near Bucharest, with the authorities claiming that al Romaniei was not the lawful owner.

The prince denied that claim.

He had successfully fought a similar extradition request before the courts in Paris where he currently resides.

On Monday, just over two months since al Romaniei’s arrest in Malta, a judge presiding over the First Hall, Civil Court in its constitutional jurisdiction was scheduled to start hearing his breach of rights case.

However when the case was called, the applicant’s lawyers pointed out that the judge had pronounced himself over a request for an interim measure to obtain the prince’s release from custody.

Lawyer Jason Azzopardi declared that they had full confidence in the judge’s impartiality and integrity and for this reason were not requesting the judge’s recusal.

However, after being informed that al Romaniei’s lawyers would be seeking an interim measure once again, Mr Justice Mark Simiana declared that he would abstain.

The judge then ordered the case to be sent to the court registry for re-assignment to another judge.

Lawyers Jason Azzopardi, Kris Busietta and Alessandro Farrugia are assisting the applicant. Lawyer Julian Farrugia represented the State Advocate.