A judgment on whether two members of the Commission for the Administration of Justice should abstain from hearing the impeachment case against Mr Justice Lino Farrugia Sacco will be handed down on October 23, Madam Justice Anna Felice said in court today.

The two members are Victor Caruana Colombo, a retired judge, and the president of the Chamber of Advocates, Reuben Balzan.

The Commission is hearing an impeachment motion against Mr Justice Farrugia Sacco that was presented by then Prime Minister Lawrence Gonzi after Mr Justice Farrugia Sacco turned down calls to resign following the findings of the International Olympic Committee (IOC), which had mentioned him in connection with a probe over the sale of Olympic tickets.

Prof Ian Refalo, who is appearing for the Commission, said today that just because Mr Justice Farrugia Sacco had been censored in 2007 did not mean that he could not be censored again later on.

But the commission, he said, would be judging on his behaviour now and not in 2007.

Following the entry into force of the code of ethics for members of the judiciary back in 2007, the Commission for the Administration of Justice had informed Mr Justice Farrugia Sacco that his position as executive member of a sports organisations was not compatible with his role as member of the judiciary and he was asked to conform.

Dr Alex Sciberras, who appeared for Mr Justice Farrugia Sacco, said that all his client wanted was for these two members of the commission, who had taken part in the 2007 decision against him, to be replaced so that he could have peace of mind that he could be judged fairly.

“It is in the interest of justice that these very serious doubts are removed,” he said as he asked why could these two members not be replaced.