The Chief Justice has accepted a recommendation by the Commission for the Administration of Justice to reassign Mr Justice Ray Pace's cases.
The Commission made its recommendation in a letter this morning.
It made its recommendation without pronouncing itself on the judge's case following an urgent meeting held this morning to discuss the matter.
The Commission noted that all legal professions were there to serve the people and had legal and moral duties to ensure that the administration of justice enjoyed the people's confidence.
In a letter to the Commission this evening, Chief Justice Silvio Camilleri said he agreed with the Commission's recommendation and would be following its advice.
The letter followed an announced by the Prime Minister that should judges Ray Pace and Lino Farrugia Sacco not resign voluntarily, impeachment motions against judges will be moved in a few hours.
Speaking at the end of a two-day summit meeting in Brussels this afternoon, Dr Gonzi reiterated his call for the two judges to resign for the public to be assured of the highest level of conduct by the Maltese judiciary.
“The presentation of the impeachment motions is imminent,” the Prime Minister warned.
“If the judges' resignation is not on my desk within a few hours I will move on the next step to present the impeachment motions.”
While underlining a clear distinction between the two cases, as Mr Justice Ray Pace was facing criminal charges, while Judge Farrugia Sacco was facing a public reprimand from the International Olympic Committee, Dr Gonzi said that through their conduct, both judges put the reputation of the judiciary in the balance.
“The country needs to be assured of the best possible conduct by members of the judiciary,” he insisted.
Dr Gonzi reminded that Mr Justice Farrugia Sacco was already told by the Commission for the Administration of Justice in 2008 to resign from President of the Malta Olympic Committee as this was in breach of the code of ethics and in conflict with his duties of judge.
“Despite this warning, Mr Justice Farrugia Sacco stayed on, defied the Commission and the latest reprimand by the IOC just confirms how his position is putting him in a serious conflict,” he said.
Approached last Sunday, following the Prime Minister’s first call for his resignation, Mr Justice Farrugia Sacco said that Dr Gonzi “was trying to be funny”.
Alternattiva Demokratika and former Chief Justice Joseph Said Pullicino have also declared publicly that Dr Farrugia Sacco should step down while Labour leader Joseph Muscat said he will follow the conclusions of the Commission for the Administration of Justice.
How does impeachment work?
The filing of parliamentary motions does not mean that the judges will be removed from office any time soon.
Parliament will only get to debate and vote on the impeachment motions after the cases are investigated by the Commission for the Administration of Justice.
Impeachment is regulated by the Constitution and the Commission for the Administration of Justice Act.
According to the law, where notice is given in Parliament of an impeachment motion, the Speaker shall, “without allowing any publicity, keep the motion pending” and refer it for investigation to the commission.
The commission will investigate the case behind closed doors, giving the judges time to present their defence.
The commission will then present its report to the Speaker. If the commission finds “at face value” that the misbehaviour was proven then Parliament will proceed with its actions. However, if the commission finds no misbehaviour, parliamentary proceedings will have to stop.