The Malta Independent 8 December 2022, Thursday
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Caruana Galizia’s family file court application to replace Scerri Herrera as inquiring magistrate

Monday, 16 October 2017, 19:40 Last update: about 6 years ago

Peter Caruana Galizia, the husband of Daphne Caruana Galizia who was killed Monday afternoon in an explosion, as well as other members of her family have filed a court application requesting that Magistrate Consuelo Scerri Herrera abstain from continuing to conduct the magisterial inquiry into the journalist's murder death, and that another magistrate be appointed.

The application - filed by lawyers Jason Azzopardi, Karol Aquilina and Therese Comodini Cachia on behalf of the deceased's family - read that Daphne Caruana Galizia was brutally killed when a bomb in a car she was driving exploded.

Magistrate Scerri Herrera was the on duty magistrate, and as such went on site and appointed a number of experts, proceeding to launch her inquiry.

The application notes that Scerri Herrera was on a number of occasions the subject of political and professional criticism by Daphne Caruana Galizia, "and as such Magistrate Scerri Herrera, in her personal capacity, had launched judicial procedures against the deceased regarding comments she had written."

This is why, the application read, it is not correct for Magistrate Scerri Herrera to continue in her role as duty magistrate on this case, and as such there is a conflict of interest that can prejudice the inquiry.

"The applicants have no trust in Magistrate Consuelo Scerri Herrera, and do not believe that she can conduct a magisterial inquiry through the seriousness and impartiality that is needed in the search for truth behind the brutal murder of journalist Daphne Caruana Galizia."

The application was also sent to the Chief Justice.


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