The presidential pardon granted to alleged Daphne murder middleman Melvin Theuma has to be exhibited in court in the case against suspected mastermind Yorgen Fenech, a court ruled on Monday.
Fenech's defence team had been trying to get hold of the pardon, issued to Theuma in 2019, in exchange for spilling the beans on the journalist's murder.
Fenech's lawyers last week blasted lead investigator for not procuring a copy of the document. Deputy Attorney General Philip Galea Farrugia said he had advised the prosecution not to exhibit the document.
Exhibiting the pardon, he said, could possibly jeopardise other cases which Theuma has information about.
Fenech's lawyers, however, argued that similar documents had been presented in past cases.
Yorgen Fenech
Magistrate Rachel Montebello on Monday partly upheld the defence team's request, but said Inspector Arnaud is to testify about the contents of the pardon behind closed doors.
The court also reserved its decision on the presentation of the actual document to a later stage.
The magistrate noted that presidential pardons had been exhibited in cases in the past and there is nothing at law precluding this.
The court said that that the best way to prove that the conditions of the pardon were respected was to exhibit the document.
It ordered the police commissioner to exhibit the pardon during the next hearing, but without revealing any information linked to other crimes on which Theuma is expected to testify.
Fenech is being represented by lawyers Gianluca Caruana Curran, Marion Camilleri and Charles Mercieca.