Joseph Muscat’s attempt to have a new point included in his legal objections to an inquiry he is facing has been rebuffed by a judge.

Madame Justice Doreen Clarke ruled that Muscat’s request was “an attempt to start a new case” based on facts that emerged during the case he opened last year.

Muscat is claiming that his rights were breached by an ongoing magisterial inquiry into the hospitals privatisation deal that was annulled by the courts last year.

The inquiry, which started in 2019, was initiated on the request of NGO Republika and is looking into any criminal wrongdoing by individuals involved in that deal. It originally targeted former ministers Chris Cardona, Konrad Mizzi and Edward Scicluna but was later widened to include Muscat. 

In his case, filed in the First Hall of the Civil Court in it’s constitutional  jurisdiction, Muscat is arguing that a section of the Criminal Code which allows a private citizen to request a magisterial inquiry was in breach of his right to a fair trial.

The law, he said, did not offer the constitutional guarantees and procedural safeguards granted to people who are investigated following a police report.

The fact that he was not notified that he was a suspect breached his fair trial rights, his lawyers say.

Muscat also filed a court application a few weeks ago to include another request in his case. His request centred around the laws that regulate the circulation of court documents. These, he said, were in breach of his rights to a fair trial.

On Monday, that request fell short.

The court decision echoes another one made last month when the court shot down his attempt to force Repubblika to present two court applications that originally triggered the magisterial inquiry.

That was another blow to Muscat's attempt to have the magistrate leading the inquiry, Gabriella Vella, removed from the case – a request also turned down by the court.

In a Facebook post, Muscat criticised Monday’s court decision, saying that he was being treated differently to everyone else.  

“I will see how and what the best way is for me to defend my rights, both in Malta and if necessary abroad. Those who think I will be disheartened truly do not know me,” Muscat concluded.