Judge will not recuse herself in GWU case

● Defence says it will file constitutional case

Madam Justice Jacqueline Padovani Grima will not be recusing herself from the case regarding the alleged breach of contract by the General Workers Union.

In her ruling yesterday, she said that she read the principles regarding impartiality within European case law, and that there are no grounds for her recusal, while assuring both parties that the court is impartial.

The General Workers Union had called for the judge’s recusal in a case instituted by the PN regarding an alleged breach of contract over the Workers Memorial building in Valletta. Parts of the building were leased out to third parties (Arms Ltd, and the restaurant Sciacca Grill.)

The GWU questioned the impartiality of the judge, stating that she is a relative of members of the law firm Fenech and Fenech, who are representing the PN Parliamentary Group.

The GWU had argued that Dr Kenneth Grima, a senior partner in the firm, and Rowena Grima, a legal procurator, are siblings of the Judge.

Madam Justice Padovani Grima read the relevant law, including that a judge can be recused or abstain from a case if the lawyer or legal procurator involved is their child, husband, wife or ascendant, if the lawyer or legal procurator before them is their sister or brother.

She said that neither her siblings signed anything to do with the case, or appeared before her. She said that her sibling being a partner in a law firm is too indirect and remote to result in a legitimate doubt of the courts impartiality by a reasonable observer. She said that such a reason would mean that the whole judiciary would not be able to hear cases where lawyers etc in legal firms where family workers work or worked in the past.

“This argument lacks rationality and the consequently lacks proportionality.”

She also said that the court is convinced there is no legitimate doubt to her objective or subjective impartiality.

As a result, Dr Aaron Mifsud Bonnici, representing the GWU, said that he will be filing a Constitutional case on the matter.