Judge Aaron Bugeja has abstained from presiding over the forthcoming trial of Yorgen Fenech, who stands accused of complicity in the murder Daphne Caruana Galizia. The decision was announced in a decree issued on Wednesday morning, soon after a bill of indictment sending Fenech to trial was filed by the attorney general's office. Mr Justice Bugeja had already abstained from presiding over the trial of the Degiorgio brothers Alfred and George, who stand accused of carrying out the Caruana Galizia assassination. As a magistrate, Bugeja had led a lengthy inquiry into the once-secret offshore company Egrant. Caruana Galizia had alleged that the wife of former Prime Minister Joseph Muscat’s wife, Michelle, was the company's owner and had received a $1 million payment from the Azerbaijani ruling family. Ultimately, Bugeja’s 1,500 page magisterial inquiry found no evidence linking the Muscat family to the Egrant company. Why can a judge abstain? The reasons which may lead to a judge’s abstention from a case are laid out in the Code of Organisation and Civil Procedure, which governs court proceedings. A judge may be challenged or may abstain from sitting in a case if he/she is...
↧