Judge throws out PN recusal request, warns against ‘forum shopping’

A request for the recusal of a judge hearing a prohibitory injunction on the removal of political billboards from the streets, was thrown out by the court of Mr Justice J.R. Micallef, who warned against litigants trying to “shop” for judges in a bid to influence outcomes in court.

“This matter should not in any way affect the serenity and dedication this case merits,” Micallef said in his decision, in which he warned PN secretary-general Rosette Thake, who filed the request, against attempts at “forum shopping”.

“This court does not treat with any lightness the element of subjective impartiality and the judge’s objective to which every party in court has a right to expect. But this right cannot be used as a tool by any party to create unfounded fears, or to turn into an occasion to fish for some favourite judge… this would be an abuse of the judicial process under the guise of a breach of fair hearing.”

The judge said he treated such requests for recusal with the seriousness they merit, and that the law safeguards parties’ right to a fair hearing.

“The fact that the court holds some particular view does not mean it has bound itself not to be impartial as to the evidence and submissions provided. Otherwise, we would make it all to easy for a judge to dispense of his duty under the pretext of some pre-held viewpoint.”