Melvin Theuma’s presidential pardon has to be exhibited in court, magistrate rules

The presidential pardon given to Melvin Theuma must be exhibited in court, a magistrate has ruled.

Theuma, the self-confessed middleman in the Daphne Caruana Galizia murder, was granted the pardon to tell all about the assassination.

The pardon must be exhibited in court records of proceedings against Yorgen Fenech, who is accused of masterminding the journalist’s slaying.

During a sitting last week in the compilation of evidence against Fenech, Charles Mercieca, one of Fenech’s defence lawyers, requested that lead investigator Keith Arnaud exhibit the pardon. Arnaud, however, said he had not brought it with him on the advice of the Attorney General.

Defence lawyer Gianluca Caruana Curran insisted that the pardon document should be produced in the acts of the case, because Arnaud had made reference to it in his testimony.

Assistant AG Philip Galea Farrugia opposed the request, arguing that there had been no court order to exhibit the pardon, and that since the pardon was not evidence, it didn’t have to be disclosed.

The court had subsequently ordered that, for the purpose of the defence’s request, Arnaud’s testimony regarding the content of the pardon document continue behind closed doors. The court reserved the right to rule on the request to produce the document at a later stage.

On Monday, magistrate Rachel Montebello issued a decree, noting that presidential pardons had in the past been exhibited in court in both criminal and civil proceedings. She said that there was nothing in the law preventing this from being done.

The magistrate said that Theuma had been granted immunity from prosecution in exchange for turning State witness, which meant that the terms and conditions connected to his pardon were relevant to the proceedings.

She said that exhibiting the document would be the “best and most satisfactory proof” that the conditions had been met.

The magistrate therefore upheld the defence’s request and ordered the police commissioner to exhibit the pardon document at the next sitting, due to take place on Wednesday.