Mr Justice Antonio Mizzi has decided that the appeal against a Panama Papers inquiry will be heard in public, and not behind closed doors.
The appeal drags on following a magistrate's decision to open an inquiry into whether money-laundering laws had been breached by high-ranking members of government when they opened Panamanian companies and New Zealand trusts, as revealed by the Panama Papers.
The case had been instituted by former Nationalist Party leader Simon Busuttil. In addition to a decisive ruling on the appeals - lodged by Prime Minister Joseph Muscat, his chief of staff Keith Schembri and Tourism Minister Konrad Mizzi, as well as Brian Tonna, Karl Cini, Malcolm Scerri and Adrian Hillman - the court will also need to rule on a request by Busuttil for Mr Justice Antonio Mizzi to recuse himself from the case.
In today’s sitting, lawyer Edward Gatt told the court that Simon Busuttil asked the police commissioner to investigate the money laundering allegations , ‘knowing’ that the magistrate on duty was Audrey Demicoli. Jason Azzopardi, later had the opportunity to rebut by saying that the case was filed on that day simply because Simon Busuttil had a case before Doreen Clarke related, coincidentally, to the Panama Papers and decided to file the case while in court.
Gatt insisted that his clients are not interested in prolonging the case. He argued that his clients are men of principle and they are simply angry at seeing serious allegations being made against them.
“You do not get a file with four screenshots and a couple of random documents and ask the court to investigate. We are not in the middle of some Sherlock Holmes movie,” Gatt added.
“Had Marlene Mizzi said, in a speech, said that she would want her husband to pass a judgement against the other party, I would make the recusal request myself. I am calling on the courts to be careful. This is new ground. The other party is presenting such poor arguments and is basing its arguments on what the wife of the judge is saying on Facebook.”
Lawyer John Bonello said that it appears that Jason Azzopardi seems to like referring to the European Court of Justice to base his arguments on fair trial. He insisted that Antonio Mizzi is an integral person and cannot be made to recuse himself when “the other party is simply basing itself on his wife’s sacred right to be involved in politics.”
“We cannot ignore the fact that we live in a country that is highly politically polarised between two major parties,” he added.
Stephen Tonna Lowell, representing Karl Cini and Brian Tonna, argued that for the court to uphold the request made by the other party, the court has to break the law explain that this case of recusal falls under the criminal code not the Code of Organisation and Civil Procedure. He also noted that his clients are not directly involved in politics.
In his reply, Jason Azzopardi who is appearing for Simon Busuttil, has reiterated his argument saying that justice should also be seen to be done. He mentioned the case of Lawrence Grech and Radju Maria when Judge Joseph R Micallef recused himself because of his involvement with the radio station. He also insisted that Marlene Mizzi is a member of a party whose leader is one of the suspects in the case in question.
"I have said this before, I am not questioning the judge's integrity but there can be no doubt on the courts impartiality," Azzopardi added.
Following Azzopardi's address, Judge Mizzi told the PN lawyer not to keep repeating the same arguments for the sake of the media present in the hall
The case is expected to continue on 28 September and the Judge has asked all of parties to be present for the decree.
Jason Azzopardi represented Busuttil, lawyers Edward Gatt, Mark Vassallo, Pawlu Lia, Stephen Tonna Lowell, Ian Refalo, James D' Agostino and Aaron Mifsud Bonnici represented the other parties.
MP and lawyer Jason Azzopardi, in comments to the press after the sitting, said that arguments were made in court as to why the Judge should recuse himself. “We made clear that this is not a question of the judge’s integrity, far from it, it is not the case. But because there are a number of judgements, even at EU cour level, that state that justice must not only be done but must be seen to be done – not actual bias, but the appearance of bias is enough - we made the argument that he should recuse himself.”
He mentioned a seperate situation, where a judge who presides over the criminal courts does not hear cases regarding hunting as a person related to the judge through marriage is involved with birdlife. “So that judge has already established this correct practice.”
Newly appointed PN leader Adrian Delia turned up for today's sitting, in addition to former leader Simon Busuttil. The two, and lawyer Jason Azzopardi, were seated next to each other.
Tourism Minister Konrad Mizzi, Adrian Hillman, Brian Tonna and Karl Cini were also present.
Tonna and Cini were involved in the setting up of the companies and trusts, while Scerri and Hillman were allegedly involved with Schembri in overseas financial setups.
The recusal request is based on Mr Justice Mizzi being the husband of Labour Party MEP Marlene Mizzi, who had spoken out against the Opposition's criticism of members of government exposed in the Panama Papers' revelations.
In comments to the press following the hearing, Tourism Minister Konrad Mizzi said: “we, as members in this case, did not object to the case being heard in open court. It is good that journalists have the opportunity to hear the proceedings. We have always been above board, and nothing illegal happened. Today Adrian Delia came as an assistant of Jason Azzopardi in Simon Buusttil’s defence. It was said in court that he is assisting Jason Azzopardi by representing Busuttil.”
Mizzi then highlighted allegations made against Adrian Delia prior to the PN election. “Its ironic. This case deals with a poltiical commendmade by Simon Busuttil. It does not deal with cases of prostitution, or money laundering to do with prostitution or anything of the sort.”
Prime Minister Joseph Muscat in New York for UN General Assembly
Prime Minister Joseph Muscat is in New York attending a meeting of the UN’s General Assembly, a government statement read, and thus was not present for the case.
OPM Communications Head Kurt Farrugia commented on Twitter, that Delia is fronting the establishment in court.
