Having a sibling who worked for a legal firm representing a party in a case was too "indirect and remote" a reason to cast legitimate doubt on a judge's impartiality, a court found today.
Judge Jacqueline Padovani Grima denied a request to recuse herself from a case in which the Nationalist Party has accused the General Workers' Union of breaching the ground rent terms of the Workers Memorial Building.
The request was filed after the GWU had noted that lawyers working with Fenech and Fenech, the firm tasked with handling the PN's brief, had family ties with the judge.
The court observed that none of the judge's siblings had signed any act or made any submissions in relation to this particular case.
After a detailed analysis of European case-law on the subject, the court declared that having a sibling who was a partner at a legal firm representing one of the parties in a suit was too ' indirect and remote' a reason to cast legitimate doubt upon the judge's impartiality.
If the request for recusal were to be upheld, all the legal professionals working for Fenech and Fenech would be barred from appearing before the court presided by her, the judge observed.
"Such an argument lacks rationality and would lead to disproportionate consequences," the court concluded.
For this reason, the court rejected the request filed by the GWU declaring that it was "morally convinced that there was no legitimate doubt as to the subjective and objective impartiality of the court."
Lawyer Aaron Mifsud Bonnici informed the court that his client would be taking its grievance before a constitutional forum.
Lawyer Edward Debono, appearing for the PN, pointed out that since the law accorded no right of appeal from such a decree on the recusal of a judge, the case was to proceed on the merits without there being a suspension. This would be in the best interests of justice, he argued.
The court put off the case to May for the GWU to regulate its position in the suit.
Lawyers Jason Azzopardi, Edward Debono and Daniel Buttigieg were counsel to the PN. Lawyers John Bonello and Aaron Mifsud Bonnici were counsel for the GWU. Lawyer Victoria Buttigieg appeared for the AG. Lawyer Stefano Filletti was counsel to the Lands Commissioner. Lawyers Franco Debono, Marion Camilleri and Amadeus Cachia were counsel to Sciacca Grill.