Issue link: https://maltatoday.uberflip.com/i/1047665
2 maltatoday | SUNDAY • 4 NOVEMBER 2018 NEWS Judge to hold appeal sitting a week from retirement MATTHEW AGIUS AN appeals case over a magis- terial inquiry into the Panama Papers scandal could, after all, be decided by Judge Antonio Mizzi who has decided to hold a sitting on 8 November before retiring a week later on 15 No- vember. This comes after a decision by the Constitutional Court for the recusal of Judge Mizzi from de- ciding an appeal on the inquiry into the Panama Papers, was overturned on appeal. Former Opposition leader Si- mon Busuttil had filed a request for an inquiry into the Panama Papers revelations after the June 2017 general election. After a magistrate found there were grounds for such an in- quiry, it was appealed by Prime Minister Joseph Muscat, his chief of staff Keith Schembri and Tourism Minister Konrad Miz- zi, together with businessmen Brian Tonna, Karl Cini, Mal- colm Scerri and Adrian Hillman. The appeal was due to be heard by Judge Mizzi, however Busut- til filed a constitutional case demanding that Mizzi recuse himself because of a potential conflict of interest stemming from the fact that he is married to Labour Member of the Euro- pean Parliament Marlene Mizzi. Simon Busuttil's request was upheld last July, only to be ap- pealed by the Attorney General, who argued that there could be no breach of Busuttil's right to a fair hearing, since the purpose of a criminal inquiry was only that of preserving evidence. The AG's appeal was upheld last month by the constitutional court, which, despite ruling that safeguards to one's right to a fair hearing did indeed apply to criminal inquiries, Busuttil had no right to invoke such safe- guards since he was not a victim. The appeals hearing will mean lawyers will be presenting their respective submissions to the judge on the 8 November sit- ting, and Judge Mizzi could well decide on the case in the days before he retires. Judge Antonio Mizzi Panamagate