A long list of benefit fraud cases had to be deferred on Wednesday until the official signed presidential pardon is exhibited in court. 

“The cases will not start today because this is all a waste of time and a waste of public monies,” rued Magistrate Donatella Frendo Dimech after being faced with the umpteenth case of an alleged fraudulent beneficiary requesting the pardon. 

The government had announced in April that those who fraudulently received benefits after falsely claiming severe disability were to be granted a presidential pardon as long as they reimbursed the funds and were prepared to testify in court.  The pardon did not apply to those who masterminded or operated the scheme, which is believed to have swindled some €6 million out of state coffers.

Hundreds of applicants have received an official letter from the Office of the President, stating that their request for a pardon had been upheld . But to date, no one appears to have seen that official pardon document.

A number of these beneficiaries appeared in court on Wednesday morning to face criminal charges over the benefits received after fraudulent claims of severe disabilities.

“Did you get the pardon? Did you ever sign any pardon? Did anyone explain to you the conditions under that pardon?”asked the Magistrate as one of the beneficiaries, a Fgura cleaner, shook her head. 

“She is aware but she never signed,” explained defence lawyer Charlton Cascun. 

“So how could she bind herself to conditions, which if breached would bear consequences, without having ever signed to that?” asked the magistrate.  

“There is no such thing as a pardon by reference. So far there is no pardon….This is no pardon,” went on the magistrate, holding up the letter sent to the defendant from the Office of the President. 

“This is not the way pardons are done. They are issued in terms of the Constitution.” 

The defendant in this case had received €16,392.73 for a severe disability for the period between September 18, 2023 and October 5, 2024. 

She had presented a medical certificate signed by psychiatrist Mark Xuereb and her application was confirmed by two medical doctors. 

Xuereb later confirmed that his signature on that document was forged, the inspector said. 

A director from the social services department presented the documents, which also included a medical certificate by Silvio Grixti.

Grixti and others are currently facing court proceedings for having allegedly masterminded and operated the fraudulent scheme, using forged documents. 

The witness said the defendant had so far reimbursed €2609.50, with an outstanding balance of €13,783. 

She subsequently applied for the pardon. 

Lawyer Jose’ Herrera, who assisted another defendant at Wednesday’s social services sitting, informed the court that he had written to the Police Commissioner and the Attorney General about the matter.

He requested that the official pardon be presented in court.

As other cases followed along the same lines with the recurring pardon issue, the court dictated a minute and deferred the whole lot to March. 

“It is obvious that the defendant is not bound under any conditions as stated in the letter, on the basis of which some sort of pardon was granted,” said Magistrate Frendo Dimech. 

A presidential pardon is issued in terms of article 93 of the Constitution after a report and advice presented to Her Excellency, she went on. 

“Therefore at this stage and not to allow for further waste of time for the prosecution and the defendant, the court has no option but to defer the hearing to March 2025.”

On that day, the pardon is to be presented in court by a representative of the Office of the President.