Former Prime Minister Joseph Muscat has filed an application requesting the removal of Magistrate Gabriella Vella from leading the inquiry into the privatisation of three state hospitals.

He is also urging the transfer of the inquiry to another magistrate who would be “objectively and subjectively impartial”.

In a Facebook post, Muscat highlighted the continuous leaks from the inquiry, including from investigators working under Magistrate Vella. He also mentioned that his numerous requests to testify were not accepted for over a year.

Muscat claimed that the magistrate accepted a report against him without granting him the legal right to reply and failed to recuse herself despite public comments on the case made by her close relatives.

He further emphasised that there is significant case law indicating that Magistrate Vella should have recused herself.

Last month, Magistrate Vella denied Muscat’s request to step down, prompting the former prime minister to state that he would take all necessary steps to ensure a fair process. He expressed his concern that the inquiry could turn into a political theatre rather than a process based on the rule of law.

The investigation being led by Magistrate Vella focuses on potential corruption in the privatisation process. In January 2022, Muscat’s home was searched in connection with this probe.

Recent reports have suggested that consultancy payments received by Muscat after his resignation may have been intended to disguise kickbacks related to the failed privatisation deal.

Of particular interest is a payment of €60,000 received from companies associated with the deal, which was part of a 36-month consultancy contract worth €15,000 per month. However, payments ceased abruptly after four months.

In response to the investigation, Muscat has claimed to be framed and criticised the leaking of information from the inquiry. He demanded that Magistrate Vella step down immediately and accused her family members of promoting propaganda on behalf of the NGO Repubblika, which initiated the inquiry.

Muscat argued that the magisterial probe should continue under the guidance of someone who can ensure impartiality.

Do you think that the magistrate should recuse herself?