A magistrate on Tuesday formally confirmed that he was recusing himself from hearing the case in which former Labour MP Silvio Grixti and four other people are accused of taking part in a massive benefits fraud scam.

The case was scheduled to start last Thursday but Magistrate Leonard Caruana declared that since after he became aware of certain proceedings, which he did not name, he was abstaining from hearing the case. 

Lawyers on Tuesday declared that they had confidence in the magistrate, but he stood by his decision.

Appearing for Grixti, lawyer Franco Debono said that there was no issue with the magistrate but would ultimately submit to the court’s decision. 

Likewise, lawyer Jose’ Herrera, Jason Azzopardi and Michael Sciriha declared they had no objection if Magistrate Caruana were to preside. 

AG lawyer Abigail Caruana Vella said that the court had already made its position clear at the previous sitting and there was no scope for further submissions.

After hearing submissions, Magistrate Caruana declared that “impartiality and objectivity in the examination of evidence must always be the cardinal principle of every court called to pass judgment.” 

Thus to ensure that justice is not only done but is seen to be done, the magistrate confirmed that he was abstaining.

The case was sent back to the court registrar to be assigned to another magistrate. 

AG lawyers Abigail Caruana Vella and Charmaine Abdilla are prosecuting with inspectors Andy Rotin, Wayne R Borg and Shaun Friggieri. Franco Debono and Arthur Azzopardi are counsel to Grixti. Lawyer Jason Azzopardi is representing Roger Agius. Lawyer Michael Sciriha is appearing for Dunstan Caruana and Manuel Spagnol. Jose' Herrera and Matthew Xuereb are layers for Luke Saliba.