Mr Justice Lino Farrugia Sacco has filed a constitutional application against the Commission for the Administration of Justice and the Prime Minister.

He said his right to a fair hearing was breached when the Commission decided that its decision on the first impeachment motion against him also applied to the second.

The first impeachment motion had been declared ‘dead’ by the Speaker of the House of Representatives because Malta had a new parliament and Lawrence Gonzi, who had moved the first motion, was no longer a member of the House.

Prime Minister Joseph Muscat had immediately moved a second impeachment motion.

The Commission in its decision had said there was prima facie evidence of misbehaviour by the judge when he had stayed on as president of the Malta Olympic Committee despite its calls for him to leave. The commission said the judge was not involved in the irregular sales of Olympic Games tickets, but his presence on the committee had undermined the public’s respect for the judiciary.

Judge Farrugia Sacco is arguing that once the first impeachment motion was declared invalid, the Commission had to follow the process laid down by law for the second motion, including calling him to defend himself.

He also argued in his constitutional application that the case had been prejudiced by comments made by Opposition leader Simon Busuttil.

The Parliamentary House Business Committee decided last Wednesday that once the Commission had taken its decision, it would proceed with the impeachment process, but it would do so ‘prudently’ if a constitutional case was filed by the judge.

The House Business Committee is due to meet again on February 28 to decide on the procedure to be followed.