Court declares disability fraud appeals ‘exhausted’ after pardon
Judge argues there is no longer any legal utility in continuing the appeals process
A series of appeals cases connected to a disability benefits scandal have been declared ‘exhausted’ by a court of appeal instead of putting off proceedings indefinitely, as it usually does when a person accused of a crime is pardoned.
Madam Justice Natasha Galea Sciberras delivered five judgments on May 22 in appeals filed by people convicted of fraud-related charges involving social security benefits. All of them received a presidential pardon.
While legal proceedings are typically put off indefinitely when a pardon is granted, the court argued that such a move would leave the accused in a state of legal limbo, as they had already received a conviction.
The judge argued that, because the pardon “extinguishes criminal responsibility”, there was no longer any legal utility in continuing the appeals process.
The court ruled that the pardon effectively “truncated” the judicial process and, as a result, instead of pausing the cases, the court formally abstained from further cognisance and declared the proceedings exhausted.
The judgments clarify that, though the five individuals are now considered “free persons”, they have not been acquitted in the traditional sense. The court emphasised that it lacked the power to revoke the original findings of guilt because neither the defendants nor the attorney general had specifically requested a revocation of the guilty verdict in their appeals.
Guilt
As a result, while the penalties, such as community service and perpetual interdiction, are pardoned, the initial judicial finding of guilt remains on their records.
In September 2023, Times of Malta exposed a years-long racket that helped people fraudulently receive monthly disability benefits they were not entitled to.
At the time, the police started charging dozens of claimants who benefited from the racket.
In 2024, President Myriam Spiteri Debono pardoned hundreds of people who fraudulently received disability benefits they were not entitled to, subject to certain conditions.
Those benefiting from the pardon will have the crime struck off their conduct only if they pay back all their gains and agree to testify in court against any individual they know was involved in running the racket.
Among the people accused of running the racket so far is former MP and medical doctor Silvio Grixti. He is accused of providing false medical documents to help people receive monthly social benefits for severe disabilities they did not suffer from.
The fraud saw the claimants receive monthly payments averaging €450 from the social security department.