Former Nationalist Party leader Simon Busuttil should produce documentary evidence proving that Mr Justice Antonio Mizzi’s decision to continue presiding over the Panama Papers case Busuttil would render him (Busuttil) a “victim” by violating his right to a fair hearing, a judge decided on Tuesday.

Mr Justice Joseph Zammit McKeon made this ruling in the First Hall, Civil Court, while hearing the constitutional case instituted by Dr Busuttil.

Busuttil filed a constitutional application to overturn Mr Justice Antonio Mizzi's decision not to recuse himself in appeals filed by Prime Minister Joseph Muscat, his chief of staff Keith Schembri, Tourism Minister Konrad Mizzi, as well as Brian Tonna, Karl Cini, Malcolm Scerri and Adrian Hillman regarding the Panama Papers case.

The appeals stem from a decision taken in July by Magistrate Ian Farrugia, who had decreed that the prerequisites for a criminal investigation into the men had been met.

Mr Justice Zammit McKeon declared that all pleas, both those of a legal nature as well as those on the merits, together with the claims brought by Busuttil would be decided upon in one judgment.

The court declared that Busuttil must submit within one week factual evidence showing how Dr Busuttil would be a ‘victim’, should Mr Justice Mizzi continue to hear the case. 

Busuttil has repeatedly said that the judge's marriage to Labour MEP Marlene Mizzi makes him unfit to hear the appeals case.

The case continues next week.