GWU calls for recusal of judge in case concerning use of Valletta HQ
The court proceedings instituted by the Nationalist Party Parliamentary Group against the General Workers’ Union for a breach of contract over the Workers’ Memorial Building in Valletta, after parts of the building were leased to third parties, begun yesterday, with the GWU requesting the recusal of Judge Jacqueline Padovani Grima, who is presiding over the case.
The GWU leased out part of building, which is the union’s headquarters, to Arms Ltd, and the restaurant Sciacca Grill.
The contract, which was unanimously approved by Parliament, stipulated that the union could not lease out other parts of the building unless it was a majority shareholder of the enterprise.
The GWU legal representatives claimed that there was an issue of impartiality since Judge Jacqueline Padovani Grima is a relative of members of the law firm Fenech & Fenech, who are representing the PN parliamentary group.
The GWU said that Kenneth Grima, who is senior partner in the firm and Rowena Grima, a Legal Procurator in Maritime are the siblings of Judge Padovani Grima. The lawyers said that Ann Fenech, who is the Managing Partner of Fenech & Fenech and the PN Executive president, is also somewhat related to the Judge as she is the cousin of Kenneth Grima’s wife.
In his argument on behalf of the GWU, lawyer John Bonello said that while there were 50 professional employees with the firm Fenech & Fenech, the main partners are members of the Fenech family and hold a direct or indirect relationship with judge.
This, Dr Bonello said, could leave a bad impression of the administration of justice.
In his reply, Dr Jason Azzopardi, who is representing the PN, insisted that there is impartiality.
He said that according to the judgments of the European Court in Strasbourg, the elements that would lead to a the recusal of a judge are personal beliefs, his/her behaviour or where a judge has acted previously as a lawyer on that particular case.
Dr Azzopardi said that one must be careful not to encourage what is called “forum shopping” where the parties involved attempt to select who hears the case.
Dr Daniel Buttigieg, who is also appearing on behalf of the PN, said that his firm had several cases appear before Judge Padovani Grima which had been won and lost.
The decision of the judge’s recusal will be heard next Monday.
Lawyers Jason Azzopardi and Daniel Buttigieg appeared on behalf of the Parliamentary Group of the PN while Dr John Bonello and Dr Aaron Mifsud Bonnici appeared for GWU.
The case was seen by lawyers Victoria Buttigieg from the Attorney General’s Office, Stefano Filleti for the Commissioner of Lands, Stefan Zrinzo Azzopardi for Arms Ltd, and Marion Camilleri and Amadeus Cachia for Sciacca Grill.