Magistrate Donatella Frendo Dimech has firmly rejected a request to step down from overseeing the criminal proceedings against Josef Majri after the accused challenged her authority.

Majri, along with three other individuals, is currently facing criminal charges related to alleged money laundering from drug deals through sports betting activities.

In a recent court appearance, Majri found himself in hot water when he was accused of verbally abusing and threatening Andrea Zammit, a lawyer representing the Attorney General’s office in the case, Newsbook reported.

The incident occurred outside of court, following an unexpected encounter between Majri and Zammit at a popular bar in Valletta.

Zammit, who took the witness stand during the ongoing proceedings against Majri, informed the court that he had contacted the presiding magistrate, Donatella Frendo Dimech, to report the incident.

According to Zammit’s testimony, he and a colleague were enjoying a Saturday night out when he spotted Majri, who seemed to recognise him. Allegedly, Majri made a hand gesture towards Zammit by extending his thumb and index finger.

At the time, Zammit didn’t think much of it, but he decided to file a police report on Monday afternoon regarding the incident.

During Majri’s arraignment, his lawyer, Franco Debono, read out the police report, which stated that Zammit saw Majri making a hand signal with that seemed to indicate recognition without any threat involved.

In court, Zammit was asked how long he had been at the bar, and whether he had been drinking. A timeline was developed where Zammit confirmed he had been at the bar having a drink from 9.30pm until the early hours of the next day, Saturday.

He then confirmed he filed a police report on the matter on the following Monday.

Later in court, it was also confirmed that though Zammit was prosecuting the accused, he still communicated to her. However, Zammit said he had only done it “informally”.

Zammit clarified from the witness stand that his call to Magistrate Frendo Dimech was solely motivated by concerns for his personal safety. He emphasised that he had no intention of influencing the case.

In response to Zammit’s testimony, Majri’s defense team requested the recusal of Magistrate Donatella Frendo Dimech from the case.

Majri’s lawyers had expected Frendo Dimech to step down voluntarily, but since she did not, they formally requested her recusal.

However, in a decree issued on Tuesday, Frendo Dimech asserted that she had not been the one to initiate contact with Zammit. Instead, Zammit had informed the court about the incident for reasons known only to him. Frendo Dimech stated that she had shared this information with the parties involved in a measured manner to prevent unnecessary complications, considering the advanced stage of the proceedings.

The court clarified that it had taken appropriate steps to avoid any further disruptions in the case.

Furthermore, the court noted that Zammit had not mentioned Majri’s ongoing proceedings before Frendo Dimech’s court, thus finding no valid reason for the presiding magistrate to recuse herself.

During the hearing, Frendo Dimech reminded Majri of his previous warning for violating curfew conditions imposed as part of his bail terms.

Addressing the prosecuting inspector, Robert Azzopardi, the magistrate criticized the decision to arrest Majri based on the chance encounter, labeling it as “abusive” since Majri had already received a warning in connection with another case. Frendo Dimech emphasized that the incident constituted a potential case of double jeopardy, as the warning had already been issued.

“Why did you arrest him? Everyone was present when a note was read out in court about the accused gesturing at the prosecutor. No one mentioned feeling threatened,” Frendo Dimech questioned.

She reiterated that she had not discussed the ongoing proceedings with the prosecutor but had advised him to file an application if necessary.

“I took measures following the incident to prevent the case from being blown out of proportion… and you arrested him!”

The case will resume in September, with lawyers Franco Debono and Francesca Zarb assisting Majri in his defence.