Judge Antonio Mizzi will continue presiding over the Panama Papers case in the coming week, following last Monday’s decision by the Constitutional Court, overturning a challenge against him not to preside over the case.
He will continue the case even though he is meant to retire by the middle of November.
In a decree delivered on Thursday, three days after the Constitutional Court judgment, Mr Justice Mizzi appointed the continuation of the appeals filed by the Attorney General, as well as the Prime Minister, Tourism Minister Konrad Mizzi, Keith Schembri, Malcolm Scerri, Adrian Hillman, Brian Tonna and Karl Cini.
Read: Judge Antonio Mizzi to hear Panama Papers appeal case
These appeals had been filed against a decision delivered in July 2017 by Magistrate Ian Farrugia to green light an inquiry in their regard.
However, their assignment to Mr Justice Mizzi, had prompted a challenge by former Opposition Leader Simon Busuttil on the grounds that the judge's wife, Labour MEP Marlene Mizzi, had expressed her views on the Panama Papers scandal, thereby giving rise to a possible conflict of interest.
Once that challenge was turned down by Judge Mizzi, Dr Busuttil had instituted a constitutional case claiming a breach of the right to a fair hearing, a claim which was successfully upheld by the First Hall, Civil Court in its constitutional jurisdiction.
However, the AG and the other seven high-profile personalities had appealed that decision and their appeal was upheld by the Constitutional Court last Monday.
The Constitutional Court found that while Dr Busuttil was justified in highlighting concerns about a right to a fair trial, he had no right to ask for the recusal of the judge, as he lacked victim status in the case.
Three days later, barely a fortnight before Judge Mizzi’s expected date of retirement on November 16, the judge decreed he will continue to hear the case, scheduling the hearing for November 8.
Meanwhile, following Monday’s judgment, Dr Busuttil declared that he would be taking his grievance before the European Court of Human Rights in Strasbourg.
Lawyer Jason Azzopardi is assisting Dr Busuttil.