PN MP Simon Busuttil has filed a constitutional application to overturn Mr Justice Antonio Mizzi's decision not to recuse himself in a case involving several high profile members of government.
On 14 July 2017, today's application reads, an application was filed before the on duty magistrate, Ian Farrugia, regarding the Panama Papers. Magistrate Farrugia, the request read, decreed that the pre-requisites for an investigation were met, and that a magisterial inquiry be called.
After the 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 seven individuals that the inquiry application had mentioned (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 ) filed an application for Magistrate Ian Farrugia's decision be revoked.
Busuttil requested the recusal of the judge who is handling that appeal - Mr Justice Antonio Mizzi, on the basis that his wife, MEP Marlene Mizzi, is a member of the European Parliament's S&D party, and was elected as a PL MEP in 2009 and 2014.
The application also read that Marlene Mizzi had expressed her thoughts on the Panama Papers, agreeing with the PL position, and that of Prime Minister Joseph Muscat.
It also read that Marlene Mizzi has consistently attacked and criticised what the Opposition has said on the involvement of the "suspect persons."
The application notes that Mr Justice Mizzi refused to recuse himself, and as such, Busuttil said he has no other alternative but to proceed with this constitutional case.
Busuttil asked the constitutional court to declare that his right to a fair trial was breached, to revoke or annul any decree or sentence that affects the case, that the appeal requested by the seven persons, including Prime Minister Muscat, be heard by another Judge.
The application was filed by Jason Azzopardi.