Magistrate Elaine Mercieca has abstained from hearing a case instituted against former Infrastructure Malta CEO Frederick Azzopardi for allegedly violating environmental laws.

A request for the magistrate's recusal was made by Azzopardi's lawyers at the first hearing of the case on August 9. The case involves an incident when workers allegedly defied a stop and compliance notice issued by the Environment and Resources Authority over illegal road works at Wied Qirda in Żebbuġ. 

The lawyers sought the magistrate's recusal because she had previously decided a case against the contractor commissioned by Infrastructure Malta to handle the works.

The contractor, Anthony Camilleri, had been fined €36,000 for ignoring the stop notice and proceeding with the works in breach of Environment Protection legislation.

In her decree, the magistrate pointed out that apart from the case against contractor Anthony Camilleri, she had also decided another case, against Matthew Camilleri,  and in that case, the accused was acquitted.

She said that in all cases, the court rested solely upon the evidence put forward in that case.  In the case against Anthony Camilleri, it emerged that the accused was taking instructions from Infrastructure Malta. That point was a "fact in issue" in the case against Azzopardi who is being charged in light of his former role at IM.

Moreover, Magistrate Mercieca noted that she had commented "even if briefly" about the role of IM in the light of the alleged criminal wrongdoing by Anthony Camilleri. Therefore, in the interests of the best administration of justice, she upheld the request for recusal.

She ordered that the records be sent back to the court registrar for the case to be re-assigned in terms of law.

Lawyers Stefano Filletti, Stephen Tonna Lowell, Rachel Powell and Ana Thomas are defence counsel.

Inspector Elliott Magro is prosecuting.