A magistrate formally confirmed on Tuesday that he was abstaining from hearing the case where former Labour MP Silvio Grixti and four other people stand accused of involvement in a massive benefits fraud scam.
The case was due to get underway on Thursday but Magistrate Leonard Caruana had declared that since he became aware of certain proceedings, he was considering abstaining from hearing the case.
The magistrate is understood to be presiding over an inquiry that may impact the case involving Grixti. However, no details were divulged in court.
Lawyers on Tuesday declared that they had confidence in the magistrate.
Lawyer Franco Debono, appearing for Grixti, said that they had no issue with the magistrate continuing to hear the case but would ultimately submit to the court’s decision.
Lawyer Jose’ Herrera said that his client would not object if the magistrate were to continue to preside over the case.
Lawyers Jason Azzopardi and Michael Sciriha likewise declared they had no objection if Magistrate Caruana were to preside.
AG lawyer Abigail Caruana Vella pointed out that the court had already made its position clear at the previous sitting and there was no scope for further submissions.
Moreover the prosecution cited an ECHR judgment in Borg vs Malta, arguing that the court was not to depart from the conclusions in that case where the magistrate presiding over the compilation of evidence had also conducted an inquiry.
After hearing submissions and in light of the cited caselaw, Magistrate Caruana declared that “impartiality and objectivity in the examination of evidence must always be the cardinal principle of every court called to pass judgment.”
Thus to ensure that justice is not only done but is seen to be done, the magistrate confirmed that he was abstaining.
The case was sent back to the court registrar to be assigned to another magistrate.
AG lawyers Abigail Caruana Vella and Charmaine Abdilla are prosecuting with inspectors Andy Rotin, Wayne R Borg and Shaun Friggieri. Franco Debono and Arthur Azzopardi are counsel to Grixti. Lawyer Jason Azzopardi is counsel to Roger Agius. Lawyer Michael Sciriha is counsel to Dunstan Caruana and Manuel Spagnol. Lawyers Jose' Herrera and Matthew Xuereb are counsel to Luke Saliba.
.