Issue link: https://maltatoday.uberflip.com/i/1484256
3 maltatoday | WEDNESDAY • 16 NOVEMBER 2022 NEWS MATTHEW AGIUS CHIEF Justice Mark Chetcuti has reversed a decree reassigning the case filed by Repub- blika to Magistrate Claire Stafrace Zammit. This emerges from a directive issued by the Chief Justice referring to the 11 Novem- ber decree which had ordered the suspen- sion of an interim measure, assigning the case to a new magistrate, as the reassign- ment had not yet been formally concluded. Due to an administrative error, he says, the case was assigned to Stafrace Zammit on 14 November, in spite of the ruling. The 14 November assignment has now been revoked "in order to leave the issue of reassignment unprejudiced until a final decision is handed down by the Constitu- tional Court." This is the latest twist in a case filed over the saga of resistance against the NGO's re- quest for the recusal of Magistrate Nadine Lia from presiding a case it filed against the Commissioner of Police, over the failure to carry out the prosecutions recommended by the magisterial inquiry into Pilatus Bank. Repubblika is now asking for clarification over the reversal of the judge's interim or- der. Mr. Justice Ian Spiteri Bailey's interim or- der originally reassigned the challenge pro- ceedings filed by Repubblika, to Magistrate Claire Stafrace Zammit. But that decision appears to have been suspended, with Repubblika's lawyer Ja- son Azzopardi claiming to have received an email from Stafrace Zammit's deputy registrar, informing him that a directive from the Chief Justice was reversing that reassignment, and Magistrate Stafrace Zammit was therefore abstaining from hearing the police challenge case on Wednesday. "Repubblika is shocked and sincerely is not understanding what is happening be- hind its back, as the email sent this morn- ing by the Deputy Registrar of the Court of Magistrates, seems to imply that a decree was issued by the Constitutional Court on Friday 11 November, concerning it." Re- pubblika states that it had not received a copy of the decree "till the very moment this application is being filed." Last Thursday, lawyer Jason Azzopardi was informed by the Criminal Court regis- trar that the challenge proceedings – a re- quest for the police to investigate former di- rectors of Pilatus Bank – had been assigned to a new magistrate by lot. The NGO had previously filed a constitutional challenge to force magistrate Nadine Lia to recuse herself from hearing this challenge. That request was first denied, then reversed by Ian Spiteri Bailey in an interim measure on 27 October. The State Advocate appealed that decision. But the drawing of lots for the new mag- istrate to preside the challenge proceedings happened on 10 November, reassigning the case to Claire Stafrace Zammit, before the outcome of the Constitutional hearing. The NGO said it was "very concerned and perplexed" at finding out on Tuesday morn- ing, of the Chief Justice's directive. "Reading between the lines, it implies that on 11 No- vember 2022, this honourable Court had issued a directive which would have an im- pact on Repubblika without giving Repub- blika the opportunity to be heard." The court application states that Azzopar- di himself had not been made aware of the revocation of the reassignment order, until he was asked about it by the press. Repubblika said the principle that both parties are heard by the Courts before a decision on an important issue should have translated into it being heard before the re- assignment order was revoked. Arguing that this constituted a state of prejudice before even being heard, Repub- blika requested the court to issue the nec- essary orders to ensure that it was treated in the same manner as the State Advocate, including by being notified of every devel- opment concerning its case. Chief Justice Mark Chetcuti (left) Chief Justice reverses decree to reassign magistrate for Pilatus investigation KARL AZOPARDI A parliamentary sitting had to be temporarily suspended on Tues- day after the House descended into a frenzy of shouting MPs following Transport Minister Aaron Farrugia's no-show. During question time, Op- position MPs questioned why Farrugia was not present to reply to questions concerning a video that showed two Trans- port Malta officials beating up a man in Marsa. Farrugia had earlier con- demned the behaviour of the two officials and said they were suspended pending an internal investigation. Police are also investigating the case. However, Farrugia was not present inside the chamber to reply to the questions despite being in the building. Adrian Delia, the PN's trans- port spokesperson, was the first to ask questions on the case, with Culture Minister Owen Bonnici replying instead of Farrugia. The Culture Minister said his colleague was not present because he was on "official du- ties." Delia asked if political respon- sibility would be shouldered over the case, Bonnici ques- tioned the PN's motives. "The officials have been suspended and an investigation has been launched. Are we suggesting that for everything little thing the minister should resign?" Bonnici said, while also con- demning the incident. MP Mark Anthony Sammut also asked when the officials were employed with the Trans- port Authority. Bonnici did not have that information at hand. However, at one point, Op- position Whip Robert Cutajar informed the House that Far- rugia was indeed in the parlia- ment building, and a number of Opposition MPs had been with him inside the lift. "Mario de Marco, myself and Aaron Farrugia all entered the lift together, but he disap- peared," MP Ryan Callus said. The sitting descended into a tit-for-tat between govern- ment and opposition MPs, with Speaker Anglu Farrugia having to suspend the sitting. The sitting resumed a few minutes later with Farrugia still not inside the chamber. Aaron Farrugia no-show leads to parliamentary eruption and suspension of sitting