The Attorney General has lost an appeal against a magistrate’s request that the AG exhibit a ministerial order approving phone tapping that took place in 2008.

The case revolves around tapping carried out on Marco Pace, also known as il-Pinzell.

The recording was meant to have been made on the basis of a request by the minister responsible for the security services, whose approval is required by law.

When the case reached the courts, the Magistrates Court ordered the prosecution to produce the warrant.

The Attorney General challenged the request and lost, subsequently taking the matter to the court of appeal.

In its judgment, this court said it was a fundamental principle of law that every person was entitled to a fair hearing and every action on the part of a public authority was subject to review of the courts.

Therefore, even if the law gave the administration discretionary powers, the administration was not immune from judicial review.

In this case the court had to be satisfied that the phone tapping was legal and this could only be done if the warrant ordering the tapping was exhibited before the courts.

The Court of Appeal, presided over by Acting Chief Justice Albert J Magri, Mr Justice Geoffrey Valenzia and Mr Justice Tonio Mallia, dismissed the AG’s appeal. Lawyers Emmanuel Mallia and James D’Agostino appeared for Mr Pace.