Appeal court rejects abstention plea

The Court of Criminal Appeal has turned down a plea in which the lawyers of one of two former judges charged with accepting bribes called on the Chief Justice to abstain from presiding over their clients' case.

The court - presided by Chief Justice Vincent De Gaetano, Mr Justice Giannino Caruana Demajo and Mr Justice David Scicluna - turned down the request since there was no valid reason at law why the Chief Justice ought to abstain.

During a previous sitting the lawyers of former judge Patrick Vella asked for the abstention in light of the fact that, in August 2002, Chief Justice Vincent De Gaetano sat on the Commission for the Administration of Justice held to discuss the impeachment motion against former Chief Justice Noel Arrigo and former judge Dr Vella, who were still in office at the time.

But in a ruling, the appeal court noted that the commission never discussed the motion as the judges had turned in their resignation before discussions took place.

The two former judges are currently facing separate criminal proceedings that revolve around an incident in which they allegedly accepted bribes to reduce the punishment of drug trafficker Mario Camilleri in an appeal judgment handed down on July 5, 2002.

Two months ago, the Criminal Court dismissed a series of preliminary pleas filed by the two former judges and deferred the case indefinitely for trial.

But the two appealed this decision in the Court of Criminal Appeal.

Lawyers Toni Abela, Michael Schiriha and José Herrera represented Dr Vella while lawyers George Abela and Joseph Giglio are appearing for Dr Arrigo.