Updated 1.55pm

A court has shot down an attempt by Joseph Muscat to force Repubblika to present two court applications that originally triggered a magisterial inquiry into the hospitals' privatisation deal.

The decision by Madam Justice Doreen Clarke deals another blow to Muscat's attempt to have the magistrate leading the inquiry, Gabriella Vella, removed from the case. 

Muscat's lawyers informed the judge that they would decide on the way forward after reading the decree.

Muscat claims that his fundamental rights are being breached by having Vella in charge of the probe, as comments made by her brother and father on social media indicate bias. 

When testifying in his own case Muscat claimed that the magistrate "took their side" by classifying her relatives' comments as free speech. 

As part of his attempt to have the probe reassigned, Muscat had asked the court to require Repubblika president Robert Aquilina to exhibit a copy of two applications filed in 2019. 

Aquilina declined to do so, and on Tuesday the court concurred, decreeing that Muscat did not have leave to appeal. 

The magistrate's inquiry into the deal to privatise three state hospitals was triggered by a request made by rule of law NGO Repubblika. 

Police officers raided Muscat's Burmarrad home and seized documents from there in January 2022 in connection with the probe. Last year, Muscat publicly declared that he wants the inquiry reassigned to a different magistrate and kicked off legal efforts to force that to happen.

The deal to privatise three state hospitals, signed during Muscat's time as prime minister, was annulled by a court last year. Judges concluded that the deals were tainted with fraud and that top government officials had colluded with the company that got the contract, Vitals Global Healthcare, and not worked in the national interest. 

On Tuesday, the Judge observed that court records show that the magisterial inquiry is still pending and the proces verbal has not been deposited in court.

When Repubblika's Robert Aquilina testified in November he had said the NGO had not authorised their lawyer, Jason Azzopardi, to present those two applications in Muscat's case.

That was why Muscat's lawyer had turned to the court to seek authorisation to present the documents.

The Judge noted that the issue as to whether and when such decrees, delivered during court proceedings, could be appealed was regulated by law.

Article 229 of the Code of Organization and Civil Procedure laid out three categories: Some decrees could not be appealed before final judgment, others could be appealed without court permission, and a third kind could be appealed before final judgment but only with court permission. 

In Muscat's case, the decree belonged to the category whereby appeal could only be lodged upon final judgment, said the judge. 

Lawyers Charlon Gouder and Vincent Galea are assisting Muscat.

Lawyers James D'Agostino and Isaac Zammit are representing the State Advocate's office.

Reacting to the court's decision, Aquilina told Facebook supporters Muscat had lost another battle and it would not be long until he lost the war.

"Let's double our efforts," he urged.