Schembri, Muscat and associates seek recusal of judges deciding freezing order appeal

Lawyers for the former OPM Chief of Staff, Keith Schembri, have demanded the recusal of Chief Justice Mark Chetcuti and the two other judges after the judges refused their request to exhibit a copy of the acts of the case against Shaukat Ali Chaudry.

Through this case Schembri, together with Joseph Muscat, Adrian Hillman, Karl Cini, Brian Tonna, Nexia BT, Clarence Conger Thompson and David Meli are challenging the freezing orders imposed on them in separate criminal proceedings in which they are charged with accepting bribes, money laundering and trading in influence, amongst other offences.

One of the central arguments in their appeal is that the Court of Appeal, composed of the same three judges (Chief Justice Mark Chetcuti, Mr. Justice Giannino Caruana Demajo and Anthony Mr. Justice Ellul), had already declared that there had been collusion between Steward and high ranking Government officials in the civil case filed by former PN leader Adrian Delia.

The appellants are arguing that this meant that the judges had already expressed an opinion about the individuals who are now criminally charged over the Government’s fraudulent hospitals deal with Vitals Global Healthcare.

In a decree handed down yesterday, the court rejected their request to call the Registrar of Courts to the witness stand in order to exhibit a copy of the court file pertaining to the criminal case against Shaukat Ali Chaudry, as the merits of the two cases were different. 
The judges ruled that the outcome of this appeal “did not depend on what might have happened in criminal proceedings in which the appellants are not parties to.” The issue which the Court of Appeal was tasked with ruling on dealt with the provisions of the Proceeds of Crime Act and their effect on a number of fundamental rights, they said.

In addition to this, the court pointed out that, in any case, parties to criminal proceedings are bound not to make the acts of the case public.

When the case was called this morning, Keith Schembri’s lawyer, Edward Gatt, verbally informed the court that the parties were jointly requesting the recusal of the three judges.

The court ordered that the request be made formally, in writing, with four days for the opposing counsel to file a reply. 

The case was adjourned for a decision on this issue, to be given on September 23.

Lawyers Julian Farrugia and Miguel Degabriele are representing the Office of the State Advocate in the proceedings. Prosecutor Francesco Refalo is appearing on behalf of the Office of the Attorney General.