Appeal judge asked to stop hearing ex-judges' case

The Attorney General yesterday requested that Mr Justice Anton Depasquale stop hearing the appeal proceedings pending before the Constitutional Court in the criminal proceedings filed against two former judges.

The Constitutional Court, composed of Mr Justice Depasquale, Mr Justice Albert J. Magri and Mr Justice Geoffrey Valenzia, is hearing the appeal filed by former chief justice Noel Arrigo and former judge Patrick Vella from a judgment of the First Hall of the Civil Court.

The Civil Court had dismissed a constitutional reference made by the Magistrates' Court in the bribery case against the two judges and concluded that the prime minister's remarks at a press conference and the ensuing press statement released by the government did not breach their rights.

The former chief justice and judge Vella have been charged on two counts of bribery and one of revealing official secrets in relation to a judgment handed down by the Court of Criminal Appeal against Mario Camilleri on July 5, 2002.

In yesterday's sitting before the Constitutional Court, the Attorney General, Dr Anthony Borg Barthet, requested Mr Justice Depasquale not to continue hearing and deciding upon the appeal filed by the two former judges.

Dr Borg Barthet told the court it appeared that Dr Edgar Depasquale was assisting the counsel to the two former judges in this case.

As Dr Depasquale was the son of Mr Justice Depasquale, the latter could not continue to hear the case on the basis of the provisions of the law regulating court procedure.

Judge Noel Arrigo declared that he had never engaged the services of Dr Edgar Depasquale in this case, nor had he ever communicated with the lawyer. The former chief justice added that his only lawyers in the constitutional proceedings were Dr George Abela and Dr Joseph Giglio who had assisted him in the criminal proceedings before the Magistrates' Court.

Called to the stand Dr Depasquale testified he was specialising in the law governing human rights and that he had a professional arrangement with Dr George Abela's office. The lawyer added that he had advised Dr Abela on this case.

The case continues on February 18 when a decree on the challenge to Mr Justice Depasquale is expected to be delivered.

Dr George Abela and Dr Joseph Giglio were counsel to Judge Arrigo while Dr Toni Abela, Dr Michael Sciriha and Dr George Cutajar were counsel to Judge Vella.

Attorney General Anthony Borg Barthet also appeared as counsel to the police commissioner.