Theuma presidential pardon not exhibited in full – lawyer
A lawyer to middleman Melvin Theuma told a court Thursday that the presidential pardon he was given to share details on the plot to assassinate journalist Daphne Caruana Galizia was never exhibited in full because it contained sensitive information about other crimes.
This is the reason why parts of the pardon were submitted in proceedings related to the murder, the lawyer said in a court sitting on the case filed by the Caruana Galizia family against Theuma and others allegedly involved in the plan to kill the journalist.
The suit for damages was originally filed against Yorgen Fenech, who stands accused of being a mastermind in the assassination, together with Alfred and George Degiorgio, two of the hitmen who were given a 40-year jail term each after pleading guilty to the murder last October, and Vincent Muscat, the third hitman, who was earlier given a 15-year jail term after striking a plea deal with prosecutors in exchange for testimony about the murder of Caruana Galizia and that of lawyer Carmel Chircop in 2015.
Theuma’s lawyer informed the court that Theuma was exercising his right to silence in spite of having been granted a pardon to testify about his role in the murder plot.
Fenech had filed separate proceedings seeking Theuma’s prosecution for alleged perjury, a challenge that was rejected but is subject to appeal.
The court ordered the court registrar to produce a copy of Theuma’s testimonies in various proceedings. In Thursday’s session, the assistant registrar of the criminal courts, Stefania Calafato Testa, presented those testimonies, sealed under court order.
Theuma’s lawyer argued that such right to silence was only being invoked because of the challenge proceedings that were still pending at appeal stage. He would willingly declare on oath that he was granted a pardon specifically for testifying about the journalist’s murder.
Theuma was scheduled to testify at Thursday’s sitting but his lawyer had filed a note informing the court of his unavailability owing to a hospital appointment he could not miss.
The applicant’s lawyer, Joseph Zammit Maempel, said that he would summon Theuma to confirm his previous statements.
The next sitting is scheduled for October.
Lawyer Anna Mallia is assisting Fenech. Lawyers Kathleen Calleja Grima and Matthew Brincat are assisting Theuma. Lawyers Alfred Abela and Rene’ Darmanin are assisting Agius. Lawyer Ishmael Psaila is assisting Vella. Lawyer Daniel Attard was assisting Muscat.