Second presidential pardon requested in another day of drama

● Minister Chris Cardona called in for questioning

It was another day of drama yesterday in the quickly developing Daphne Caruana Galizia assassination investigation as a second presidential pardon in the space of a week was requested, this time by one of the suspected masterminds, 17 Black and Electrogas’ Yorgen Fenech.

Fenech, who was yesterday in the middle of serving out a second 48hour period in custody for interrogation, was also hospitalised after complaining of chest pains. The alleged middleman in the assassination, who had come forward after being arrested on unrelated charges last week and who had also requested a presidential pardon, was also more briefly hospitalised.

At the time of going to print yesterday evening, there had not been an announcement on whether Fenech’s request had been accepted.

Fenech was certified as being unable to be interrogated for the coming 24 hours because of his condition.

In a statement, the police said that while investigations into the assassination of Daphne Caruana Galizia continued, Fenech complained of pain and requested to be given medical assistance when he was being interrogated.

On a recommendation of a doctor, Fenech was taken to Mater Dei Hospital under heavy police security. The police were later informed that because of his medical condition, Fenech would not be in a position to continue to be interrogated for another 24 hours.

This, the police said, is normal practice for a person being given the kind of treatment Fenech is receiving.

Fenech has therefore been given police bail and is no longer in hospital, but will continue to be given medical treatment while remaining under heavy guard.

Fenech formally filed his request for a presidential pardon yesterday morning, hours after The Malta Independent had reported that the police were mulling the possibility of offering him a plea bargain deal.

His request has been taken to

Prime Minister Joseph Muscat, who is said to be seeking the advice of the police commissioner and the attorney general before making a decision.

Before a presidential pardon is considered, the claims made by any suspect need to be verified and cross-checked with what the police already know. Other people are also usually questioned to corroborate what a suspect says before any decision is taken on a pardon.

The 17 Black owner was arrested early on Wednesday morning as part of the investigation into the murder of Daphne Caruana Galizia. He was intercepted by the Armed Forces of Malta shortly after he sailed out of the Portomaso marina and was taken to the police headquarters for questioning for 48 hours.

This would be the second presidential pardon sought in connection with the police investigations.

Last Tuesday, the prime minister said that he had signed a letter promising to recommend a presidential pardon in respect of the middleman, who said he had vital information concerning the October 2017 murder. This would only be given, the prime minister said, if the information provided could be corroborated in court.

Fenech was expected to be arraigned late on Thursday evening, shortly before the 48hour window had elapsed, but was instead released on police bail. On Friday morning, he was escorted back to his yacht at the Portomaso marina, where officers conducted a fresh search.

Fenech was wearing a black coat and trousers as well as black sunglasses. The marina was kept closed all morning while the police carried out the search, and was re-opened at around noon.

Fenech was later rearrested and escorted to the police headquarters, where the interrogation resumed.

Sources said that the idea of a plea bargain was brought up during this second round of questioning. A plea bargain is an agreement between a suspect and the prosecution, whereby the former admits to a crime in return for some form of concession or lesser sentence.

It is unknown at this time whether Fenech will accept the offer.

Muscat said on Thursday that Fenech’s arrest did not come as a result of information given by the middleman.

Sources also confirmed that the middleman had provided evidence that includes recordings of phone conversations and messages implicating all the protagonists involved in the journalist’s assassination.

‘Middleman’ seeking presidential pardon discharged from hospital

That middleman was discharged from hospital on Friday night, after suffering an unknown condition. He had been admitted to hospital earlier after complaining of chest pains and was being held at Mater Dei Hospital’s Cardiac Unit.

The man was taken ill on Friday morning at the police headquarters in Floriana.

He remains under police protection.

On Tuesday, Prime Minister Joseph Muscat said that he had signed a letter offering a recommendation for a presidential pardon to the man arrested last week in connection with investigations into a money laundering case.

The man, through his lawyers, is seeking blanket immunity for all crimes committed.

Referring to the man’s admittance to hospital, the prime minister said: “I have been informed that there isn’t anything major,” but did not provide more information.

Minister Chris Cardona questioned by police, says he was asked ‘to provide clarifications’

Economy Minister Chris Cardona, meanwhile, was also called in for questioning yesterday morning.

According to sources, Cardona had been called in to verify certain matters and was questioned without caution, meaning that he was not being treated as a suspect.

It is not clear yet whether he was questioned in connection with the Daphne Caruana Galizia murder investigation.

Cardona had been a target of Caruana Galizia, who had reported about his alleged presence at the FKK Acapulco brothel in Germany while on official duty.

Attempts to contact Cardona for comment were unsuccessful at the time of writing.

In an official statement, the government said that as part of the ongoing police investigation, Minister for the Economy, Investment and Small Businesses Chris Cardona had been asked to provide some clarifications, including on past allegations.

“As he has always done, Minister Cardona, responded immediately to the request by cooperating fully with the police, and remains ready to cooperate further so as to clarify any issues or questions that might crop up as part of the ongoing investigation.

“In these exceptional and highly sensitive circumstances, an appeal is being made for the media to be prudent and not to spread further speculation which would only lead to divert the course of justice.”

In practice, only one suspect granted presidential pardon for same information given

With talk of presidential pardons flying left, right and centre, it is worth nothing that the Constitution of Malta does not limit the number of presidential pardons (immunity from prosecution) that can be given as part of the same case, a former judge on the European Court of Human Rights told The Malta Independent yesterday.

Judge Giovanni Bonello said that in practice, however, only one pardon is ever granted when two or more suspects offer the same or similar information on a particular crime.

Usually, it is the detained person who is suspected of a lesser degree of participation in the crime that is awarded the pardon, Bonello said. But the Constitution does not lay down any limitations.