Quite recently, I wrote about the exercise of the sovereign prerogative of mercy in Malta during early British rule, limiting myself to cases in which the governor thought proper to pardon criminals already tried and convicted by the courts. (‘Justice as a present from the Sovereign’, Times of Malta, January 3 and 10). 

Today, I will explore ‘amnesties’ or pardons of a different nature:  those granted to encourage accomplices in crime to provide information meant to lead to the prosecution of unsolved crimes. I came across several curious cases between 1817 and 1840. 

The first British Governor, Sir Thomas Maitland, ‘King Tom’, enjoyed a reputation for being quite ‘amnesty-happy’, though not through the softness of his heart or because of any insatiable thirst for justice. A renowned sadist by nature, those around him were convinced he gloated in letting loose on the population as many delinquents as possible.

A common trait of these pre-emptive pardons to obtain information was that the principal felon who had actually committed the unsolved crime would not be the beneficiary of the pardon. Only accomplices, aiders and abettors could profit from this leniency. Obviously, Maitland firmly believed that a bribe or a promise of clemency would grease the vocal cords of partners in crime and induce one offender to snitch on another. He held the notion of honour among thieves in the esteem it deserved.

The first case I found recorded related to a serious instance of attempted sabotage and arson in the dockyards. At night-time of September 10, 1817, one or more persons had maliciously and deliberately placed combustible material and a lighted fuse on the roof of the stores of the new dockyard where explosives were kept, with a view to provoking a catastrophic explosion that would have devastated the Three Cities, with huge loss of life.

The authorities had no clue as to who the authors of this atroce atto could have been. By government notice, they promised a free pardon to anyone, except the principals, who provided information leading to the arrest and conviction of criminals involved. 

Only five days later, the Government Gazette published a notice aimed at encouraging anyone with knowledge to sing about an act of piracy committed outside Grand Harbour by six masked Maltese seamen armed with hatchets on board a dgħajsa tal-pass. The government offered a free pardon to any accomplices who revealed the identity of the felons, together with a bonus of one thousand scudi if their evidence led to the conviction of the accused pirates. These inducements worked and one of the accomplices eventually found it irresistible not to turn informer against his former partners in crime.

Only one year later, a thief or thieves at night-time on Christmas Eve prized open the door of a storeroom in Old Mint Street, annexed to the house number 91, (Arch)bishop Street, Valletta, rented to James Calvert in 1814.

They made off with a substantial haul of cloth – 370 bolts of cambric, a fine fabric named after the town of Cambrai, originally linen and later cotton, and nine bolts of coloured striped nankeen, a cotton from China. These belonged to the British merchants Calvert Bell & Co., who established themselves in Malta around 1815 and mostly dealt in fabrics and exotic spices. Calvert must have been quite close to the centres of power as he was appointed magistrate in 1823 and acting magistrate for the ports the following year.

Maitland, by government notice, offered a free pardon to anyone who supplied information that would lead to the identification, arrest and conviction of the burglars. There does not seem to have been any follow-up to this enticement.

In June 1819, the government was concerned with the flooding of the Maltese market by counterfeit copper coins, principally the old one tari of the Order of St John. A notice in the Government Gazette alerted the population to this new menace to public order, condemned as “abominable traffic”. 

The notice is dated June 7, 1819, that is, 100 years to the day of the Sette Giugno uprising of 1919. It promised a reward of 1,000 scudi for information that would lead to the arrest and conviction of the forgers and an exemption from prosecution to any accomplice who squealed on the main perpetrators.

The unsolved murder of Nicola Saliba by the use of firearms on July 25, 1822, in the field belonging to his father in the limits ta’ Birbagar (or Bur Bagiar), prompted Maitland to offer a free pardon to any informer who would assist in the successful prosecution of the assassin who had pulled the trigger. The victim, only 23 years old, the son of Giovanni Maria Saliba, was baptised on June 20, 1800. This time round, it was only a faceless native who was the victim of petty murder, not a British merchant who suffered the theft of some fabric, so the authorities scaled down the award to 500 scudi.

When Vincenzo Borg (Brared?) from Birkirkara suffered arson in his rooms containing hay in his fields at ta’ Barumbara or ta’ Bwejba, the governor offered the usual immunity from persecution to any accomplice who would provide evidence to arrest and convict the arsonist or arsonists. A small reward accompanied this offer − only 150 scudi. If the victim was the patriot Borg Brared (d. 1837), that stinginess would be quite understandable. After his initial enthusiasm for Malta’s British connection, the disillusioned Brared had fallen out badly with his erstwhile idols.

It was now the turn of a crime committed in Żebbuġ. In the late evening of January 3, 1825, four hooded men armed with knives forced their way in the home of Martino Abela in St Mary Alley, trussed him and his son up, and beat them pitilessly. They robbed the sum of about 1,400 scudi, in Spanish doubloons and Sicilian piastre which were buried underground, some silver buckles and other loose money kept in a chest of drawers.

The governor offered the usual free pardon to the person who squealed on his partners in crime, accompanied by a reward of 100 scudi, this time to be paid by the victim of the robbery.

A lawyer, Francesco Teodoro Bonanni (or Bonanno), was strolling leisurely down Strada Reale, in Valletta, in the evening of September 23, 1825, when two men hurtled towards him and grabbed his gold chatelaine in front of the Auberge d’ Auvergne, today the law courts. The chain snapped and they made off with it, his fob watch with a gold seal appended. 

As this kind of robbery, the governor affirmed, was increasing in frequency, he was offering a free pardon to any co-thief who provided information leading to the arrest and arraignment of the principal robber. Additionally, the executive police added a reward of 50 scudi to any person who betrayed the delinquent. 

Bonanno had obtained his lawyer’s warrant in 1778 and was considered one of the highest earners in the profession – 4,000 scudi a year.

“Sometimes, justice has to seek alliances with criminals. Put that down as the lesser of two evils”

The unexplained homicide of Vincenzo Cucciardi, found lifeless in his home at No. 3, Tower Alley, Cospicua, on January 2, 1829, prompted the lieutenant-governor to guarantee immunity from prosecution to any accomplice who would reveal the identity of the killer and the circumstances surrounding this murder. As extra encouragement, the authorities also chipped in with a prize of a 100 pieces of silver to the sneak.

This time round, the official bribe worked wonders. Francesco Attard, a notorious criminal, snitched on and eventually gave evidence against the four murderers: Lorenzo Bonanno and his wife, Maddalena, Francesco Farrugia and Luigi Darmanin. The court condemned the three men to death. They were hanged together on February 3, 1830 on the Floriana glacis, participating in the largest mass execution in British times. Maddalena suffered 20 years imprisonment.

In another homicide in Siġġiewi, committed in the morning of November 12, 1829, Lorenzo Camilleri was found dead in his home in Strada Nuova, No. 32. The Siġġiewi parish records explain that Camilleri, a clericus (in minor orders), was 85 years old. Again, the clueless authorities, being unable to make any progress in the investigations, offered a free pardon to anyone who had aided and abetted the crime and was willing to provide information about it. A reward of 100 pieces of silver also helped to persuade any accomplice to unburden his conscience. 

Differently from previous cases, the notice makes it clear that the award would not be paid after the information had been given but only after the accused was actually convicted.

Burglars introduced themselves in the Valletta home of Fedele Agius, at No. 105, Old Mint Street, through a hole in the dividing wall of an adjacent property. They made off with about 400 scudi, comprising Spanish doubloons and coins of the Order of 30 tari and a considerable booty in gold and silver objects. The government decreed that any accomplice who revealed information on the principal burglar would bene­fit from a free pardon. Over and above, Agius offered a reward of 150 scudi to anyone who provided information leading to solving the crime.

During the night of November 10, 1831, the quiet village of Għargħur witnessed a burglary (entry by the use of false keys) of a considerable hoard of gold and silver objects and money, from No. 3, Strada Nuova, the residence of Orazio Aquilina. The investigations made no headway and the authorities offered the usual free pardon in the expectation that someone involved in the crime would crack. Aquilina himself added a bonus award of 100 scudi.

Giovanni Baldacchino who, on the eve of the feast of Santa Marija 1833, was watching over the fields ta’ Birżebbuġa, limits of Gudja, found several unauthorised people in his territory. He shouted for help and was shot at twice with a gun or a pistol. Mortally wounded, he died soon after. 

The governor publicised the usual offer of impunity from prosecution to anyone involved in the crime who would give the authorities information that would lead to the conviction of the assassins. A reward of 500 scudi would also be paid by the authorities to the informer but only after the culprits had been tried and condemned.

Unknown people had broken in the safe of the Tripolitanian brig Meshoud and had taken an impressive cache of jewellery and precious objects belonging to Hagi Mohmed Chalabi Betlemal [Tripolitania was a historic region and former province of Libya]. The investigation had hit a brick wall and the lieutenant-governor promised immunity from prosecution to any accomplice who would reveal the name of the principals. The robbed owner chipped in with a 1,000 scudi reward to loosen the tongues of one or more of the culprits.

The next government notice is possibly the most chilling of all. It admits to the impotence of the police in solving serious crime. It lists five homicides and attempted homicides unpunished because the investigators had no clue how to proceed. In the space of less than 12 months, five extremely grievous offences against the person had been recorded and not one had been cracked. 

These included the femicide of Antonia Axiaq, found dead with her throat slit in her mezzanin in No. 94, Strait Street, Valletta, on December 1, 1836; Giuseppe Sultana from Gudja, discovered dead near his village on August 1, 1837, his body studded with wounds from cutting and pointed instruments; Carmelo Psaila from Qormi, knifed to death on October 8 in a small farmhouse between Luqa and Qormi; Francesco Gristi, knifed concurrently by five assailants who had forced themselves into his residence in the limits of Żabbar; and Benedetto Axiaq, assaulted by three people on the road linking Luqa and Kirkop on the night of November 11, 1837. They subjected his person to violence and inflicted five wounds on his body but he survived, miraculously. 

The governor, disconsolate that not one of these many crimes had been anything but solved, advertised the formulaic pardon to any accomplice who would reveal the names of the principals. The governor also offered a prize of 100 pounds sterling to any informer who would ensure a conviction in any of these crimes. This proves to be the first time that the award is expressed in British currency, stubbornly rejected as a means of exchange by the Maltese until the 1870s.

And, finally, the murder of a priest.

On December 16, 1840, Reverend Fr Giovanni Claudio Farrugia was found “inhumanely killed” in his residence at No. 47, Strada Scolastica, Vittoriosa. The government notice describes this crime as “atroce omicidio” (atrocious murder) and made available the usual immunity from persecution to any accomplice willing to spill the beans. A reward of 100 pounds sterling would also be due to anyone whose spying ensured the conviction of the criminals.

It is almost impossible to establish how many of these baits worked. Since the notices never mention the names of unknown suspects, we cannot verify if any successful prosecutions were the result of an aider and abettor squealing following a promise of immunity.

The quest for justice relies on many factors. Sometimes justice has to seek alliances with criminals. Put that down as the lesser of two evils.

Acknowledgements

My thanks to Fabian Mangion and to Anthony Mifsud for his assistance in researching the Siġġiewi parish records.