A third attempt at getting the compilation of evidence into the Daphne Caruana Galizia murder case will be made on Tuesday morning, with the case having been assigned to Magistrate Claire Stafrace Zammit.

A second magistrate abstained from the case on Monday morning, prompting the prime minister to say in reply to questions that it would be unacceptable for such a case to collapse because of a procedural issue after the sterling work by the police in such a short time. 

READ: Courtroom drama as second magistrate abstains from Caruana Galizia case

The law provides that a magistrate has to decide within 30 days of a suspect's arrest whether there is enough evidence for the suspect to stand trial. Seventeen days remain.

Should that term elapse, the suspect may not be re-arraigned, unless the police have fresh evidence.

The new magistrate was assigned to the case by the Chief Justice. 

Prime Minister Joseph Muscat said earlier that he was confident that the Chief Justice and the court administration would not allow the case to collapse on a technicality.

Dr Muscat said the rule of law drew a distinction between the executive and the judiciary.  

He was watching what was happening and he was sure the chief justice would not allow such an important case to collapse on a technicality. There was, therefore, no need for an appeal for urgency on his part.  

Ms Caruana Galizia was killed in a car bomb on October 16 minutes after leaving her countryside home.

Her family have said they do not trust the Maltese police to investigate the murder impartially, and have filed a suit in the constitutional court seeking to have a top police official who is married to a government minister withdrawn from the case.

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