Assassination Attempts, Drug Traffickers, And The Oil Scandal: A Look At Presidential Pardons In Malta
With one of the main suspects in the assassination of Daphne Caruana Galizia seemingly willing to speak up, heads have started to turn towards the possibility of a presidential pardon.
Prime Minister Joseph Muscat, it appears, is against it, pointing to the complexities of absolving someone of their crimes. However, this is not his right to issue, with the power expressly lying with Malta’s President.
Enshrined in the constitution, a presidential pardon is a relic of British rule. It can be granted to people undergoing criminal proceedings and to those who have already been found guilty and sentenced.
A common misconception is that the pardon somehow erases the punishment. While it nullifies the sentence, the conviction itself continues to exist.
Two types of pardons exist, a free pardon and conditional pardon, with the latter still subjecting people to abide by some lawful conditions.
Applications for presidential pardons are highly regular, with around 884 petitions sent in between 2002 and 2012. That’s a bit more than once a week.
Getting them approved, however, is difficult, with around 8% being granted.
Lovin Malta took a look through history to look at some of the country’s most controversial cases:
1. Joseph Fenech (aka Zeppi l-Hafi) and the Richard Cachia Caruana assassination attempt
On December 18, 1994, Richard Cachia Caruana, Prime Minister Eddie Fenech Adami’s chief of staff, was stabbed outside his Mdina Home. Two years later, Joseph Fenech was granted a conditional pardon in return for evidence implicating Meinrad Calleja, Ian Farrugia, and Carmel Attard.
With regards to Calleja, the pardon was extended to several un-related cases. In May 2009, three pending cases against Fenech were dropped; his involvement in the attempted murder, a €2,300 theft, and a drug trafficking charge.
The decision to grant Fenech a pardon remains controversial. While it spurred on the guilty confession of Carmel Attard, it did not prove to be enough to convict Calleja, while Ian Farrugia was also acquitted.
Meanwhile, Fenech Adami’s close involvement with the case also raised questions.
2. George Farrugia and the oil scandal
In 2013, another conditional pardon was granted to George Farrugia, a businessman and oil trader at the heart of the oil procurement scandal that plagued the final year of the Gonzi administration.
The pardon was granted before any crimes were issued on the promise that Farrugia disclosed the whole truth and transfer €250,000 generated from the crimes to the government’s account.
Farrugia outed several Enemalta officials. However, Joseph Muscat’s government did later consider revoking the pardon over conflicts in his testimony. This failed to materialise.
The case did expose a flaw in Malta’s system. In the absence of a whistleblower act, Farrugia asked for a pardon for him to avoid trial or being covincted. At the time, the right was also extended to any other whistleblower, raising questions over whether a pardon forgoes the rule of law.
3. Anna Cassar and the effects of public pressure
The media and public outcry also have its part to play in presidential pardons. In 2012, Anna Cassar, a mother who was given a three-month imprisonment sentence for denying her estranged husband access to her son, was given a helping hand by public opinion.
Widespread publicity followed her written petition, placing extended pressure on the President to ensure a pardon was issued. The cabinet also accepted to review a request for the release of Cassar.
In an ironic twist, Lawyer Robert Abela – the son of the President at the time, George Abela, signed the police reports filed by the father against the mother, leading the case raised by father against his estranged wife.
4. The Brazilian drug trafficker and a severe illness
Back in 1994, Francesco De Assis Queiroz, from Brazil, was caught red-handed with three kilograms of cocaine at the airport. A few months after being sentenced to 12 years in prison, Queiroz fell ill with Hepatitis C.
His wife, in Brazil, sent letters to the then President, Ugo Mifsud Bonnici, asking for the release of her husband. This was granted without consulting the cabinet.
The move had severe consequences. After facing allegations that the government was in the pocket of drug lords, Fenech Adami had radically harshened the penalties for drug trafficking.
The imposition of a mandatory prison sentence for all cases, regardless of substance or quantity; and retaining a system which failed to distinguish between ‘trafficking’ and ‘cultivation’ for personal use, left its mark in Malta for the next two decades.
5. Salvu Gauci and the outcry of a victim’s family
A case where both a media campaign and illness failed. In 2009, Salvu Gauci, a prisoner serving a twenty-year sentence for murder, applied for Presidential pardon, suffering from terminal cancer.
His family and fellow inmates appealed for his release on television, appearing on both Bondi+ and Xarabank.
The victim’s family were outraged, saying that while they would never object to Gauci racing proper treatment for his illness, he should not be given a pardon to absolve him of his crime.
Despite his health issues, the pardon was never granted.
