It was unacceptable that a magistrate should take so long to decide whether to pull out of the Bidnija murder inquiry when “the conflict of interest was so obvious”, sources close to the police said.
“The first hours are the most crucial for any murder investigation and this was loss of precious time,” a senior officer said.
In an application filed on Monday night, barely five hours after Daphne Caruana Galizia’s brutal killing, her husband Peter and their sons Matthew, Andrew and Paul filed a court application asking Duty Magistrate Consuelo Scerri Herrera not to conduct the inquiry herself. They noted that Ms Caruana Galizia had often criticised the magistrate in her blog.
Ms Caruana Galizia’s contributions had played a crucial part in a decision by the Commission for the Administration of Justice to reprimand the magistrate and to reject a recommendation by the Justice Minister to be appointed judge.
The magistrate upheld the request yesterday morning, about 13 hours later.
It is up to the magistrate concerned to determine how much time he or she needs
Asked about this, Chief Justice Silvio Camilleri said: “It is up to the judge or magistrate concerned to determine how much time he or she needs to give a researched and well-motivated decision on the point at issue, taking into account what is at stake and all the other circumstances of the case.”
In her decree, the magistrate said she would accept the request even though they had not cited any legal provision to back their demand.
The fact that the issue in question was an inquiry meant to preserve evidence and not a situation whereby a magistrate would be deciding on the merits of a case meant that it was a “unique” scenario, the magistrate added.
She pointed out that Ms Caruana Galizia’s family had not even raised any concerns of “personal bias” in her regard. Their point was that in the circumstances no sufficient guarantees could be given to exclude any doubts. The magistrate said that so justice may be done but also be seen to be done, she decided to uphold the request.
After being notified of the application, Attorney General Peter Grech noted that none of the provisions of the law regulating instances when a magistrate should abstain applied in this case.
While insisting that he had no reason to doubt the integrity and impartiality of Magistrate Scerri Herrera, Dr Grech also subscribed to the view that justice needed to be seen to be done. Thus, he felt it would be better for her to abstain and eliminate any perception of doubt.
Magistrate Anthony Vella is conducting the inquiry.