A decision on whether two members of the judiciary watchdog should abstain from hearing an impeachment case against Mr Justice Lino Farrugia Sacco is expected to be taken next month.

Mr Justice Farrugia Sacco had filed a constitutional case demanding that Judge Victor Caruana Colombo and the president of the Chamber of Advocates, Reuben Balzan, should not sit on the Commission for the Administration of Justice when discussing a motion for his impeachment that had been moved by former Prime Minister Lawrence Gonzi.

Dr Gonzi had moved the impeachment motion after Mr Justice Farrugia Sacco, as president of the Malta Olympic Committee, and general secretary Joe Cassar were mentioned in an investigation by The Sunday Times of London into the sale of Olympic Games tickets.

Both Mr Justice Farrugia Sacco and Mr Cassar denied any wrongdoing.

Lawyers representing the Prime Minister, the Attorney General and the Commission for the Administration of Justice made their final submissions before Madam Justice Anna Felice yesterday.

Lawyer Alex Sciberras, assisted by his father, Judge Phillip Sciberras, and lawyer David Farrugia Sacco, Mr Justice Farrugia Sacco’s son, argued that all they wanted was a fair hearing, which they feared they would not get with Judge Caruana Colombo and Dr Balzan sitting on the Commission when hearing the impeachment case.

Dr Sciberras referred to a decision by the Commission in 2007 finding Mr Justice Farrugia Sacco in breach of the code of ethics when he agreed to serve as president of St Joseph Band Club in Ħamrun.

He said this was prejudicial and raised very serious questions about the impartiality of the Commission.

Mr Justice Farrugia Saccohad been censured by the Commission in 2008 after he refused to step down from the MOC presidency.

Lawyer Ian Refalo noted, among other things, that, as an adjudicating body, the Commission, which he represented, would be considering the evidence before it and not what had happened in the past.

A judgment is expected on October 23.

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