Three men accused of murdering Joseff Rivas last December will have their case reassigned after the magistrate presiding over the compilation of evidence abstained. 

Magistrate Nadine Lia announced her decision when proceedings against Romanian nationals Ilie Constantin, 31, and his cousins Ionut Iulian Tanase, 35 and Dan-Andrei Tanase, 32, were meant to continue on Wednesday. 

The three stand accused of having stabbed Rivas to death in Paceville, in a knife fight allegedly triggered by an argument linked to prostitution.

Magistrate Lia said she was recusing herself because one of the defence lawyers, Arthur Azzopardi, is representing her estranged husband in separate proceedings which she is involved in.

Magistrate Lia further pointed out that Azzopardi’s office had not filed an application to formally request her recusal.

Lawyer Jacob Magri, who today represented that office in the absence of Azzopardi who was currently abroad, explained that such recusal had not been sought since the case against the three accused would ultimately not be decided by the magistrate’s court, but rather by a jury. 

Magistrate Nadine Lia will no longer be involved in the case. Photo: Matthew Mirabelli

The magistrate, however, announced that she was abstaining from proceeding with the case given the conflict of interest which had materialized. 

That decision meant that the case would now have to be assigned to another magistrate. 

Rivas was stabbed outside a Paceville cafeteria on Ross Street, corner with St George’s Road, on the afternoon of December 5 last year. 

He died soon after after being rushed to hospital by ambulance.

Information gathered from the crime scene indicated that the victim and two other men had approached the cousins who were having a drink outside the cafeteria. 

An argument broke out which escalated into a knife fight. 

The three suspected aggressors fled the scene on foot, later catching a taxi to Swieqi. 

A police inspector subsequently testified that Rivas had been stabbed some 28 times in the brawl that lasted just two minutes. 

The court had previously decreed that there was sufficient prima facie evidence for the accused, who are still under preventive custody, to stand trial on indictment. 

Lawyers Arthur Azzopardi, Franco Debono, Charmaine Cherrett and Jacob Magri are defence counsel.AG lawyers Darlene Grima and Kaylie Bonnett are prosecuting, together with Inspectors Kurt Zahra and Brian Xuereb.