On Tuesday morning, Prime Minister Joseph Muscat announced that a person who had been arrested last Thursday as part of an investigation into a money laundering ring had asked for blanket immunity in return for information that he could provide on the assassination of Daphne Caruana Galizia.

Muscat told journalists that after consulting with investigators and the Attorney General, he had signed a letter which will provide a presidential pardon to the alleged middleman, as long as this person’s testimony and evidence stands in court and aids the eventual prosecution of the mastermind behind the murder.

Muscat noted that he had taken the decision on his own, and would shoulder the political responsibility of it by himself.

It is not the first time that a Prime Minister has stepped in to offer a pardon to someone in a high-profile case, and in doing so he is in essence taking the decision on behalf of the Justice Minister and the rest of Cabinet – a decision and its circumstances which are enshrined in Malta’s constitution.

What does the constitution say about the presidential pardon and how does it work?

The right for a presidential pardon, otherwise known as the prerogative of mercy, is enshrined in Malta’s constitution – specifically in Article 93.

This article outlines four circumstances where the President can grant a pardon to a person.  These are namely when a person is involved in or convicted for any offence, where a free pardon or a pardon subject to lawful conditions can be granted; when a respite can be given, either indefinite or for a specified period, of the execution of any sentence for any office; when a less severe form of punishment can be substituted for any punishment imposed on any person for any offence; or to reduce or remove completely a punishment, although this can only be granted if serious doubts about the person’s guilt are raised.

In effect, it is the President of the Republic who must sign and grant a pardon, but in reality this is induced by the judgement of the Justice Minister or of the whole Cabinet and his authority. 

In Tuesday’s case, it is of note that Muscat stipulated that Cabinet had given him authorisation to take such decisions alone – and in fact, he said that the decision had been taken by him and without discussion with Cabinet.

The procedure itself is not stipulated in the constitution, but is generally based on the practice that a petition is addressed and presented to the President who then in turn consults with the Justice Minister who can then in turn discuss it with the Attorney General, Police Commissioner, or Cabinet as he sees fit.

Have there been other cases of presidential pardons in the past?

Yes – quite a lot in fact.  Separate parliamentary questions reveal that 339 pardons were granted between 2003 and 2008, and 43 were granted between 2008 and 2012.

Some, however, remain more high profile than other.  That of Joseph Fenech, otherwise known as Zeppi l-Hafi, is one of those. He was granted the pardon by then President Ugo Mifsud Bonnici on a recommendation by then Prime Minister Eddie Fenech Adami in May 1996, for his alleged involvement in the case on the attempted murder of Fenech Adami’s personal assistant Richard Cachia Caruana and in return for his testimony in the case.

A more recent case is that of oil trader George Farrugia, who was offered a pardon by then Prime Minister Lawrence Gonzi in exchange for his testimony about alleged kickbacks paid to top Enemalta officials from oil suppliers.

In 2015, former Enemalta chief projects officer Ray Ferris was acquitted of bribery charges.

Other cases brought about as a result of pardons in the past include Anna Cassar, a mother who was given a three-month imprisonment sentence for denying her estranged husband access to her son, and Brazilian Francesco De Assis Queiroz who was caught with three kilograms of cocaine at the airport, but fell ill with Hepatitis C.

What about this case?

In this case, the Prime Minister has granted a conditional pardon to the alleged middleman.

The condition imposed here is that any evidence that the person gives, on the journalist’s assassination and on any other case.

“If the person collaborates and the information provided is sufficient to prosecute the mastermind of this crime, they will receive a presidential pardon,” Muscat told journalists on Tuesday.