Issue link: https://maltatoday.uberflip.com/i/888285
maltatoday WEDNESDAY 18 OCTOBER 2017 News 2 TWO explosions rocked Daphne Caruana Galizia's car according to a man who was driving uphill in the op- posite direction at the time the car blew up. Speaking to MaltaToday, Frans Sant said he heard a relatively small explosion coming from the car that was coming towards him. "I stopped and some sec- onds later there was a sec- ond, much larger explo- sion and the car burst into flames," he said. The man explained that the burning car continued roll- ing forward, passing a few metres away from his vehi- cle before entering the fields where it stopped. Caruana Galizia had just left her home some metres up the hill and was driving a white rental Peugeot 108. Eyewitness: Two explosions rocked Daphne Caruana Galizia's car MATTHEW AGIUS MAGISTRATE Consuelo Scerri Herrera has acceded to a request that she abstain from conduct- ing the magisterial inquiry into Monday's murder of journalist Daphne Caruana Galizia due to a possible conflict of interest. Magistrate Tony Vella will be assuming the case. The application asking for the magistrate to stand aside and allow another magistrate to con- duct the inquiry was filed on Monday by Peter Caruana Gali- zia, husband of the victim, and other family members. The application, which was filed by lawyers Jason Azzopardi, Karol Aquilina and Therese Co- modini Cachia on behalf of the deceased's family, argued that it was not correct for the magis- trate, who had been the subject of several articles on Caruana Galizia's blog over the years, to conduct the inquiry. Magistrate Scerri Herrera, as Monday's duty magistrate, had launched her inquiry, gone on site and appointed a number of experts. In his submissions, the At- torney General had pointed out that although the legal requisites for recusal were not present, it was "appreciated that today's unfortunate events are of a very particular, if not unique, na- ture. Amongst other things, it is a matter of public record that the deceased and the inquiring magistrate had several disagree- ments," which had even led to court proceedings. "Whilst the Attorney General makes it clear that he has full faith in the seriousness and im- partiality of the inquiring magis- trate, he also believes that justice must not only be done but must be seen to be done," a principle which he said, extends beyond the case on the merits, to the in- quiry stage. Yesterday Magistrate Scerri Herrera upheld the request, de- creeing that the court was of the opinion that her recusal was re- quired "in order for justice not only to be done, but to be seen to be done." Before doing so, however, in a 12-page decision, Magistrate Scerri Herrera examined the law in detail and case law on recusal and suspicions of partiality on the part of the judiciary in par- ticular cases. She also observed that the applicants had declared that they had notified the Chief Justice with their court applica- tion, but noted that this had been done irregularly. "Neither was there any reference to any legal disposition upon which they base their request." However, she said, the particular circumstances of the case at hand meant that there was an objec- tively justified reason for doubts as to her impartiality, using the criteria established by the Euro- pean Court of Human Rights. The acts of the inquiry are to be delivered to the Chief Justice, who will immediately appoint another magistrate to continue with the investigation. Family demands abstention The Caruana Galizia family on Monday said Scerri Herrera was a frequent target of criticism by Caruana Galizia, and had taken the blogger to court for libel. "It is not right that Scerri Her- rera takes up this inquiry as duty magistrate given the flagrant conflict of interest that can prej- udice the inquiry. We have no faith in Scerri Herrera and we do not believe she can conduct a serious and impartial inquiry into the brutal death of one of the country's leading journalists." The family asked that the Chief Justice instructs Scerri Herrera to abstain from the inquiry. Scerri Herrera had earned a re- buke from the Commission for the Administration of Justice for breaching the judiciary's code of ethics with behaviour that had compromised her integrity and personal dignity – namely by her attendance at parties and seek- ing public exposure, but also en- tertaining the amorous advances of a police inspector. The revelations were made in Caruana Galizia's blog, during a saga where Scerri Herrera and her companion, Robert Mu- sumeci, became the target of Daphne Caruana Galizia. Those allegations became the subject of the Commission's in- vestigation, and a criminal defa- mation action that Scerri Herrera later retracted. Caruana Galizia used her blogs to question the suitability of the magistrate. THE General Workers' Un- ion, Chamber of Commerce and Malta Employers' Asso- ciation have all extended their condolences to the family of Daphne Caruana Galizia af- ter she was brutally murdered in a car bombing on Monday, while urging authorities to do everything within their power to bring those responsible to justice. The General Workers' Un- ion said it wanted to express its sorrow at the fact that a member of the press had fall- en victim to "reactionary and criminal elements". "At times like these our country needs to ref lect on the meaning of national unity, respect towards the law, free- dom of expression and the right to privacy," it said in a statement. "No behaviour justifies ac- tions like these which are in- tended to stop a person from expressing themselves," said the GWU. The Malta Employers Asso- ciation said it was "shocked and dismayed" at the brutal killing. "This cowardly act strikes at the heart of the freedom of expression and investigative journalism," it said, describ- ing Monday as "one of Malta's darkest days in its post-inde- pendence history". This was echoed by the Chamber of Commerce, which also condemned the killing. "At this dark hour, the Chamber reiterates its appeal for national unity, respect and justice, in the interest of all society in Malta," it said in a brief statement. Social partners condemn journalist's murder Eyewitness Frans Sant said a second big explosion sent Caruana Galizia's car into a ball of flames Magistrate abstains from Caruana Galizia murder inquiry Magistrate Consuelo Scerri Herrera Frans Sant