The fate of the civil dispute filed by the Nationalist Party against the General Workers’ Union over an alleged breach of the original terms of the ground rent concerning the Workers, Memorial Building, is to be sealed on June 12.

This was declared by Madame Justice Jacqueline Padovani Grima after hearing submissions from both parties as to whether the court should put on hold proceedings until a separate application is settled before a constitutional court.

The whole issue arose when the First Hall, Civil Court, presided over by Madame Justice Padovani Grima, had in April rejected a request put forward by the GWU for the recusal of the judge. The request was based on the grounds that lawyers working with Fenech and Fenech – the firm tasked with handling the PN's brief – had family ties with the judge that were close enough to cast doubt upon her impartiality

Once the arguments brought forward by the GWU were declared to be frivolous and vexatious, the court was not bound to put off the case pending the outcome of the constitutional application.

Following that decision, the GWU had taken its grievance before a constitutional court, requesting that in the meantime proceedings related to the civil dispute be put on hold.

Today, John Bonello, on behalf of the GWU, argued that the case presented a 'sui generis' scenario which left no alternative but for the judge to put off the case until the constitutional issue was decided by a different court. "The worst case scenario would be to have two conflicting judgments on the same issue," the lawyer remarked.

On the other hand, lawyer Edward Debono, appearing for the PN, countered that the decree delivered by Madame Justice on April 10 turning down the request for her recusal, was clear and succinct. Once the arguments brought forward by the GWU were declared to be frivolous and vexatious, the court was not bound to put off the case pending the outcome of the constitutional application. This point was clearly upheld in a long line of quoted judgments, the lawyer observed.

"Was this merely a delaying tactic adopted by the GWU? A way to hamper the course of justice?" Dr Debono queried, pointing out that this was a case instituted by 36 MPs so as to safeguard public property.

At this stage, Dr Bonello quipped that in an unrelated civil dispute concerning alleged breach of party financing laws by the PN, the latter was calling upon the Electoral Commission to put off the case pending the decision of a constitutional application before a separate court.

"This court must act with great caution in these uncharted waters," warned Dr Bonello, which prompted Dr Debono to retort that, given the long line of judgments on the issue, these could certainly not be defined as "uncharted waters."

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