Magistrate Antonio Mizzi yesterday refused to preside over a case in which Chief Justice Vincent De Gaetano was parte civile, saying that he was doing so in the interest of justice.

In October, the Commission for the Administration of Justice, of which the Chief Justice is vice-president, had requested the government to boycott Magistrate Mizzi and Mr Justice Lino Farrugia Sacco, respectively president of the Malta Basketball Association and the Malta Olympic Committee, as they did not want to relinquish their sport-related posts.

The commission had also made public correspondence between itself and the two members of the judiciary.

In a decree issued yesterday, Magistrate Mizzi said he was never formally informed of the boycott and its motivation was never explained to him.

He held that he had always believed and practiced the principle that justice must not only be carried out, but carried out in the most transparent manner.

To this end, he decided to abstain from presiding over the case in which Mr Justice De Gaetano is present as parte civile in order to guarantee a fair hearing in the chief justice’s interests.

Magistrate Mizzi was to preside over the proceedings against Roderick Pace, 24, from Gzira, who was to be charged with threatening and causing Chief Justice and Mrs De Gaetano to fear that violence would be used against them or against their property. He was also to be accused of breaching the peace and recklessly driving a car in Regional Road on 9 November.

The magistrate said that he was sending the case back to the Courts Registrar in order to be assigned to another magistrate.