Magistrate Nadine Lia has been removed from the Pilatus case, the NGO Repubblika said on Wednesday. 

President Robert Aquilina told journalists outside the law courts that this is a "historic win".

This is the first time this has happened that a magistrate has been forcibly removed from a case, Aquilina said.

Lia had refused to recuse herself three times and also refused to allow her father-in-law, Pawlu Lia to be summoned to testify.

Judge Ian Spiteri Bailey granted the interim measure in a decree issued this morning, as the constitutional proceedings filed by Repubblika over Magistrate Nadine Lia’s refusal to hand over the case to another magistrate continued.

The judge ordered that the challenge proceedings filed by Repubblika be assigned to another magistrate "to ensure that justice is not only done, but is seen to be done".

In his decision, the judge noted that the same magistrate had previously recused herself from several other proceedings on the same grounds as those cited by Repubblika - namely that she is related by marriage to Joseph Muscat’s lawyer, Pawlu Lia.

The judge said that Repubblika had managed to prove at prima facie level that their fear of not having a fair hearing were real and imminent. He said the case at hand was a sensitive one and of public interest.

Spiteri Bailey ruled that Repubblika's challenge proceedings could continue but the case be assigned to a new magistrate.

We were able to prove there is "real fear" that we would not get an impartial hearing, the NGO chief said after the ruling.

Repubblika had taken the case to court after the magistrate refused to recuse herself despite being married to the son of lawyer Pawlu Lia, who served as lawyer to former prime minister Joseph Muscat and his chief of staff Keith Schembri. 

The NGO had also argued that Lia should not be assigned to the case as her father-in-law had also been the lawyer who set the terms of reference in the Egrant inquiry, which Pilatus Bank featured prominently in.

The magistrate had turned down requests to recuse herself. This prompted the NGO to take the case to the First Hall of the Civil Court, claiming that if Lia did not recuse herself the organisation's right to a fair hearing would be breached. 

Aquilina was asked about Lia’s refusal to recuse herself in a separate case: criminal proceedings against a man who is accused of threatening Aquilina.

Aquilina said that he still needs to check his legal position on this.

“I maintain that when a week and a half ago she refused to recuse herself from this case, she abused her position by refusing to recuse herself,” he said.

Once again, he accused her of having a hostile attitude against him and Repubblika.

Repubblika calls for magistrate to resign

Aquilina told The Malta Independent that Repubblika is asking for Lia's resignation. Initially, when asked this question he did not have an answer, however later on he confirmed that Repubblika is asking for her resignation.

When asked why this was the case, he said: "She abused the trust placed in the judiciary, she had a hostile attitude towards Repubblika, and ultimately the courts chose not to believe her."