Judge Antonio Mizzi.

A judge facing a challenge in a Panama Papers appeal expressed his annoyance at what he termed as an attack on his impartiality.

Judge Antonio Mizzi was this week formally asked by the Opposition leader to recuse himself from a hearing to determine whether Prime Minister Joseph Muscat, together with his chief of staff Keith Schembri and Tourism Minister Konrad Mizzi, should face a magisterial inquiry into money-laundering claims.

Magistrate Ian Farrugia gave the go-ahead for an inquiry on July 26 but seven appeals were filed the following day while Mr Justice Mizzi was the judge on duty.

Opposition leader Simon Busuttil, represented by lawyer and MP Jason Azzopardi, has asked Mr Justice Mizzi to recuse himself from the appeal given that he is married to Labour MEP Marlene Mizzi.

During a hearing held behind closed doors last Wednesday, Dr Azzopardi argued that while no one was attacking Mr Justice Mizzi’s impartiality, his marriage to a Labour MEP may, in the eyes of the general public, raise certain doubts.

Dr Azzopardi cited local legislation as well as case law from the European Court of Human Rights to back his arguments.

While the judge listened to Dr Azzopardi’s arguments during the hearing, one particular reference to a 2010 interview given by his wife sparked a reaction from him, according to one account of the hearing given to this newspaper.

Dr Azzopardi said that during the 2010 interview, Ms Mizzi had claimed her husband suffered discrimination under a PN government due to her political involvement.

This last argument prompted the judge to question whether that 2010 interview meant he was biased.

When Dr Azzopardi pointed out that the 2010 interview was one of a number of arguments made for his recusal, Mr Justice Mizzi expressed irritation at what he termed an across the board attack on his impartiality.

The judge told those present, which included the seven appellants’ defence lawyers, not to play on the forum shopping claim.

He said that magistrates’ and judges’ schedules were fixed at the beginning of the year, therefore any impressions of forum shopping in the newspapers were wrong.

The next sitting is scheduled for September 11, despite protestations by Dr Azzopardi that the appeal had to be heard with urgency in order for an eventual inquiry to be able to preserve the necessary evidence.

jacob.borg@timesofmalta.com