The fact that Judge Mizzi is married to an MEP creates difficulty - Simon Busuttil
Former Nationalist Party leader Simon Busuttil testified in the constitutional case challenging the suitability of Judge Antonio Mizzi to hear the Panama appeals case.
Referring to the fact that Judge Mizzi is married to Labour MEP Marlene Mizzi, he said that “this fact alone means that there is a difficulty for the judge to continue with the case. Even if she never spoke of the case, the fact that they are married creates difficulty.”
“Remote as it may be, there could be a financial interest,” he told Judge Joseph Zammit Mackeon, explaining that the honorarium given to MEP Mizzi by virtue of her position was not insignificant, possibly amounting to €100,000 a year. He pointed out the spouses’ community of acquests.
Furthermore, Busuttil said that MEP Mizzi had spoken about the Panama Papers case publicly. “She spoke not only in her speeches in the European Parliament, but also through Facebook posts in which she made political arguments, as well as comments meant to insult me,” he said.
There is a clear link between MEP Mizzi and the judge in the way she expresses herself publicly with regard to his job as a judge, Busuttil said.
Furthermore, Busuttil said that Judge Mizzi had “openly” showed hostility towards him and his lawyer, Jason Azzopardi, in the past.
However, Busuttil clarified that he had “no doubt whatsoever” as to the integrity of Justice Mizzi.
“It would not be the first time that the judge has recused himself as a result of similar – if not identical – circumstances,” Busuttil said, referring specifically to a case of the police against Daphne Caruana Galizia, in which he accepted the request to recuse himself due to his wife’s position as an MEP. “This is precisely the same as my case.”
Busuttil said that the matter was of public interest and that he was not acting out of personal interest. “As a citizen, I want to see justice served.”
Earlier this year, the judge asked Busuttil to prove that non-recusal would render him a “victim.”
Judge Mizzi had refused to recuse himself, leading Busuttil to claim that his right to a fair hearing had been breached. The case continues. Justice Joseph Zammit McKeon is presiding over the case.