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MALTATODAY 29 August 2021

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3 maltatoday | SUNDAY • 29 AUGUST 2021 NEWS KURT SANSONE GOVERNMENT is waiting for the European Commis- sion to communicate its feedback on the latest state aid proposal for Air Malta, MaltaToday has learnt. Malta is seeking approv- al for a multi-million-euro state aid package to soften the impact of the COV- ID-19 pandemic on the na- tional airline. "The Commission is now analysing the latest infor- mation passed on by the government and feedback is expected early next month after Brussels offi- cials return from the sum- mer holidays," a source close to the process said. Brussels and the Maltese government have been to- ing and froing over the past four months with the Com- mission seeking details and clarity on many aspects of the airline's operations. "The European Commis- sion has been asking for detailed information, in- cluding the seat-load fac- tor and revenue of every flight before and after the pandemic, in a bid to as- sess the level of state aid that will be allowed," the source said. Airlines across the world have suffered major losses as a result of travel restric- tions introduced to curb the spread of COVID-19. Air Malta is no different and according to what Finance Minister Clyde Caruana said earlier this year, the airline was losing some €170,000 daily. It is understood that the government is request- ing permission to pump around €290 million in the beleaguered airline. The Commission has adopted a less rigid ap- proach towards member states' spending as a re- sult of the pandemic. Other European airlines have benefitted from state aid funding. Air Malta still awaiting EC feedback on aid CONTINUED FROM PAGE 1 "In these circumstances, the applicant has no serenity in the choice of Madame Justice Edwi- na Grima, once this took place with the direct and indirect in- tervention of the Attorney Gen- eral who is asking that the appli- cant be sent to prison for life." But Fenech's lawyers have now pointed out that Madame Justice Grima is one of the two judges nominated by the President to make up the Court of Criminal Appeal, alongside the Chief Jus- tice. Since being set up in 1967, the Court of Criminal Appeal (su- perior jurisdiction), has adopted the practice of having only the most senior judge preside over the court when the Chief Justice is unable to. Today the judges who preside over the Criminal Court are Mr Justice Giovanni Grixti, Madame Justice Consuelo Scerri Herrera and Mr Justice Aaron Bugeja. Bugeja had abstained from hear- ing the case, having previous- ly also carried out the 'Egrant' magisterial inquiry tasked with probing the alleged ownership of a secret Panama company by former prime minister Joseph Muscat. Scerri Herrera would not be able to hear the appeal either, in view of the fact that she had im- mediately recused herself from conducting the magisterial in- quiry into the murder, after the Caruana Galizia family had ob- jected. On his part, Grixti was recently the subject of an "unprecedent- ed attack" – Fenech's lawyers are arguing – by one of the parte civ- ile lawyers, the Nationalist MP Jason Azzopardi, and is viewed with suspicion by the Caruana Galizia family. Azzopardi had revealed that Grixti had in 2008 acquired a motor-yacht from Fenech's father George, and that he was unfit to preside over the bail hearing for Yorgen Fenech. Fenech's lawyers have submit- ted that it was unacceptable to "dismantle the Court of Crim- inal Appeal" by appointing one of these senior judges to preside over his trial. Fenech said he was preoccu- pied by the fact that the most senior judge in the Court of Criminal Appeal would decide – potentially in both trial and appeal stage – the merits of the issues raised before the Criminal Court, whilst the Court of Crim- inal Appeal would be divested of the representative that could give the strongest contribution in terms of legal and procedural knowledge. This, or be substitut- ed by a judge with no experience in the Criminal Court. "It is unthinkable that a judge without experience in the Crim- inal Court can oversee the op- eration of the most senior judge nominated by (the President) in the Court of Criminal Appeal and this means that the appli- cant can never have a fair hear- ing before the Court of Criminal Appeal in the near-certain even- tuality that this case ends up be- fore that court." The application concludes with a request that the judge ab- stain from hearing the case and recuse herself. Lawyers Gianluca Caruana Curran, Marion Camilleri and Charles Mercieca signed the ap- plication. magius@mediatoday.com.mt Fenech lawyers cry foul over AG being involved in choice of judge Madam Justice Edwina Grima (left) was recommended by the Chief Justice to preside over the trial of Yorgen Fenech. Mr Justice Giovanni Grixti (right) recently presided over a request for bail by Fenech, which he denied; his appointment on the bail decision was criticised by Caruana Galizia family lawyer Jason Azzopardi, the Nationalist MP, who denounced him for having a conflict on the matter having had acquired a motorboat from Yorgen Fenech's father George back in 2008

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