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The Chief Justice Silvio Camilleri and Mr Justice Tonio Mallia have a conflict of interest in deciding cases where the University of Malta was involved because they were lecturers and examiners, a couple have complained.
Carmel and Mary Stivala, said that they had lost a civil suit where it was declared that they had no title to land in Msida and they were ordered to vacate the property within one month. The university was involved in the case.
Following an appeal, Chief Justice Camilleri, Mr Justice Mallia and Mr Justice Joseph Azzopardi were appointed to hear the case.
On May 20, the appeal was deferred for judgment without submissions being heard on an application where the judges were asked to remove themselves and for the case to be re-appointed because of a conflict of interest.
A situation had arisen where the judges were hearing a case regarding the university in the morning and then carrying lecturing at the university in the afternoon.
In the application to the Constitutional Court, the couple argued that their human rights have been breached because of this and asked the Constitutional Court to give a remedy to the situation.
Lawyer Malcolm Mifsud signed the application.