The constitutional case filed by Mr Justice Lino Farrugia Sacco against the Prime Minister and the Commission for the Administration of Justice resumed yesterday after it was deferred following the general election.

Last week, newly elected Prime Minister Joseph Muscat’s lawyers had asked for the case to be deferred.

The court, presided over by Madam Justice Anna Felice, yesterday heard the testimony of Deborah Farrugia, secretary of the Commission for the Administration of Justice, who presented the court with a copy of a draft code of ethics for the judiciary written in 2001.

This was signed by all the then members of the judiciary except for Mr Justice Anton Depasquale, who objected in principle.

Dr Farrugia said this was not the final version of the code, which was eventually published following some amendments.

Mr Justice Farrugia Sacco is facing an impeachment motion following accusations of breaching the code of ethics.

In his constitutional case, he is asking the court to remove two members of the Commission – a retired judge and the president of the Chamber of Advocates – from hearing his case, alleging conflicts of interest.

His request had already been rejected by the Commission.

The impeachment motion was presented to Parliament last December after the judge rejected calls by then Prime Minister Lawrence Gonzi to resign.

Dr Gonzi adopted this stance after Mr Justice Farrugia Sacco was mentioned by the International Olympic Committee, as president of the Maltese Olympic Committee, following a probe into ticket sales.

According to the code of ethics, members of the bench cannot occupy posts in other organisations, not even on a voluntary basis.

In 2007, Mr Justice Farrugia Sacco was publicly told by the Commission that he must resign from the MOC, but he refused.

Last week it was revealed that Mr Justice Farrugia Sacco would not stand as a candidate for MOC president when an election for the post is held in the coming weeks.