Magistrate Claire Stafrace Zammit has been apointed to hear the compilation of evidence in the case against three men accused of murdering journalist Daphne Caruana Galizia. This morning, Magistrate Charmaine Galea recused herself, saying that she had been criticised by the slain journalist.

A sitting is to be held on Tuesday after Stafrace Zammit's appointment by the Chief Justice today.

In comments to the media, Prime Minister Joseph Muscat said that he was confident that the Chief Justice would not allow the case to collapse because of a technicality.

The compilation of evidence against the three men took another twist this morning when a second magistrate recused herself from hearing the case after she declared that Caruana Galizia had criticised her appointment to the bench.

Magistrate Charmaine Galea took over the case from Magistrate Donatella Frendo Dimech after the latter recused herself last week by declaring that she had been in the same class as one of the journalist’s sisters and having recently exchanged condolences. Chief Justice Silvio Camilleri will, for the second time, appoint another magistrate to take over the case. 

The magistrate abstained from the case after the defence raised objections to her hearing the evidence after she declared that Caruana Galizia had criticised her appointment. The prosecution as well as the family of the victim found no objection, but the magistrate chose to recuse herself for justice to "be seen to be done".

Brothers Alfred Degiorgio and George Degiorgio, and Vince Muscat, pleaded not guilty to the car bomb murder on 16 October.

All this is taking place within the backdrop of the compilation of evidence needing to be concluded within 30 days of the charges being filed. This means that should delaying tactics continue to prevail and the compilation of evidence fails to finish by this stipulated time frame, the three suspects would be released unconditionally. Should this take place, the prosecution would have to present fresh evidence in order to re-file the murder charges.

9.42am: In her decree, the magistrate said that following articles Daphne Caruana Galizia wrote about her appointment, justice has to be seen as being done, besides being actually done. "The sitting magistrate will abstain herself from presiding over the case." 

The compilation of evidence will now be handed to another magistrate.

9.36am: Those present in the hall are still waiting. Journalists typing on their laptops are the only source of sound in the room. The three accused are waiting with their head bowed.

9.32am: Links to what Daphne Caruana Galizia wrote about the magistrate can be found in this link and here.

9.30am: The magistrate is now writing her decree. Everyone in the hall is silent.

9.28am: Fenech tells Azzopardi to avoid being theatrical. This is not Parliament, he says

9.27am: Azzopardi said that he is not trying to exert pressure. "We are doing anything but exerting pressure. What we are saying is that the other party should not use us to object." Azzopardi said that the victim never criticized the magistrate personally. 'The criticism was within what was permissible on the magistrate's nomination."

9.25am: Martin Fenech, legal aid to Vince Muscat, said everyone has the right to be considered innocent until proven otherwise. With all due respect, all this pressure on the judiciary is injustice in itself. If the court feels that it has to recuse itself, the court should be free to do so. “If the victim described your nomination as 'disgusting'”, the magistrate should feel free to recuse herself.

9.18am: "We are here to preside over the compilation of evidence," Azzopardi added. "The magistrate should not recuse herself knowing that this might hinder the course of justice."

9.15am: Jason Azzopardi, appearing parte civile for Caruana Galizia family, said that the family feels that these delays are uncalled for. "I call on this court not to be manipulated by those who want to evade justice," he said. "The only party which mind find a problem with the sitting magistrate is the family of Caruana Galizia."

9.14am: Prosecutor Philip Galea Farrugia said that the article by the journalist did not attack the integrity of the courts.

9.13am: Defence lawyer Martin Fenech says there are grounds for the magistrate to recuse herself. 

9.12am: Magistrate Galea said that the journalist has written about her appointment to the judiciary, linking her to the government of the day.

9.05am: The hearing is about to start. Daphne Caruana Galizia's husband Peter is present for the hearing, as are the parents of the slain journalist.

Accused have not spoken a word since arraignment

Police still investigating seven men

Murder plot hatched two months before

Three suspects plead not guilty

Magistrate recuses herself from hearing case