The NGO Repubblika has filed an appeal against the latest decision to allow Magistrate Nadine Lia to continue to hear its challenge proceedings against Pilatus Bank officials, while insisting that it will take the matter up with European courts if they do not get their way.
In a press conference outside the law courts on Tuesday, Repubblika President Robert Aquilina said that the NGO is appealing the latest decision on the challenge case it had filed on Pilatus Bank after the First Hall rejected their claim that their right to a fair hearing had been breached by Magistrate Nadine Lia’s refusal recuse herself on the case.
In her decision on the constitutional case to get Magistrate Nadine Lia off Repubblika’s case a week and a half ago, Madam Justice Audrey Demicoli noted that the case could lead to criminal proceedings against third parties and not Repubblika itself. “Therefore, there is no breach of the group’s right to a fair hearing … [because] effectively, it will not lead to the group being placed in a worse or more advantageous position to that which it is in today.”
The challenge case against the Police Commissioner was filed by Repubblika in July accusing the police of not prosecuting Pilatus Bank officials despite the conclusions of a magisterial inquiry.’
The case was originally assigned to Magistrate Nadine Lia. Repubblika had asked that she recuse herself in view of her family ties to lawyer Pawlu Lia, who was former Prime Minister Joseph Muscat's lawyer.
The magistrate refused to do so, which led to the filing of a constitutional case asking for her to be removed from the case.
He continued by saying that the NGO has since June been fighting for a fair hearing in the case since June, as it sought to remove Magistrate Nadine Lia from hearing the case.
However, after their latest appeal was shot down by the courts – which ruled that Repubblika did not have victim status in the case and could not argue that it was not getting a fair hearing – Aquilina said that while the law allows the right for a challenge to be filed, it does not seem to allow the right for them to have a fair hearing.
“The court decided this because we aren’t filing a case to win some money, but in the public interest,” Aquilina said, adding that the decision goes against the most basic principles of natural justice and against logic.
He said that the NGO is convinced that they are right, which is why they are appealing the decision, quoting a number of European Court of Human Rights sentences which confirm their stance.
“Since June we have been going on this and not a single minute has been used to treat the merits of the case. This is only the latest obstacle in a long list, and none of them will make us give up,” he said.
Aquilina said that Repubblika is determined to use all the remedies at its disposal, both locally and overseas, and said that they are committed to taking the case before the European Court of Human Rights if they do not get their way in the Maltese courts.
This legal battle, he said, constitutes a significant financial expense even though the NGO is getting legal representation for free from former PN MP Jason Azzopardi, whom he thanked for his services.
“We are turning to the people for help. We are fighting a system of power with limitless funds. We are doing this for the people not for ourselves, which is why so we are turning to the public to help us through a crowdfunding campaign,” he said.
Aquilina said that the NGO is looking to raise €6,000, and added that people can donate at the following website: repubblika.mt/crowdfund