Judge Who Led Egrant Inquiry Abstains From Leading Yorgen Fenech’s Trial
Judge Aaron Bugeja has abstained from presiding over Yorgen Fenech’s trial, arguing that he was not in a position to do so given that he had led the Egrant inquiry.
Earlier this morning, the Attorney General filed a Bill of Indictment against Fenech, meaning he has now been formally accused and will stand trial for his role in the Caruana Galizia assassination.
Bugeja was assigned the case because he is the judge on roster duty today.
A Judge and magistrate presiding over a case can be challenged in a number of instances, including if they have previously expressed themselves on the merits of the case, or if they have offered advice, pleaded or written on the case or related matters.
In a decree issued on Wednesday, Bugeja said that his presiding over the Egrant inquiry meant that he had to pronounce himself on matters directly linked to the accused’s defence.
His 1,500-page inquiry report had found no evidence linking the Panamanian company Egrant to former Prime Minister Joseph Muscat or his wife, as had been alleged by Daphne Caruana Galizia.
Despite this, the inquiry had not definitively established who the company belonged to.
Bugeja had also abstained from presiding over the trial of the men accused with carrying out the murder.
What do you make of the judge’s decision?