The presidential pardon granted to Melvin Theuma to testify about the assassination of Daphne Caruana Galizia contained sensitive information about other serious crimes and disclosing it in full could impact other investigations, his lawyer told court on Thursday.
That was the reason why only a redacted version had been exhibited in separate criminal proceedings related to the murder, the lawyer said during a case where Caruana Galizia’s family are suing for damages.
The family had filed proceedings against Theuma and other players allegedly involved in the plot leading up to the car bomb explosion in October 2017.
The civil suit for damages was originally filed against Yorgen Fenech, who awaits trial as the alleged accomplice in the murder, together with Alfred and George Degiorgio, two of the hitmen currently serving a 40-year sentence each after pleading guilty at the start of their trial last October.
Vincent Muscat, the third hitman, pleaded guilty and was handed a 15-year jail term after striking a plea deal with prosecutors in exchange for testimony about the murder and that of lawyer Carmel Chircop in 2015.
Muscat, together with Theuma, are also being sued for damages.
At a later stage in the civil proceedings, the Caruana Galizia family called Robert Agius and Jamie Vella into the suit.
The pair were targeted by criminal investigations as those who allegedly supplied the bomb that killed the journalist.
During a previous sitting, Theuma was summoned as witness.
But before taking the stand, his lawyer had informed the court that Theuma was exercising his right to silence in spite of having been granted a pardon to testify about his role in the murder plot.
That decision stemmed from the fact that Fenech had filed separate proceedings challenging the Police Commissioner to prosecute Theuma for alleged perjury when testifying several times in different proceedings linked to the murder.
The challenge was rejected by a Magistrates’ Court in February but that decision was still subject to appeal.
Faced with the unexpected stand, the court ordered the court registrar to produce a copy of Theuma’s testimonies in various proceedings so that adequate measures would be taken accordingly.
When the case resumed on Thursday, the assistant registrar of the criminal courts, Stefania Calafato Testa, presented those testimonies, sealed under court order. Fenech’s lawyer, Anna Mallia, had also requested a copy of Theuma’s pardon so as to confirm whether that pardon granted him the right to invoke his right to silence.
Theuma’s lawyer replied to that request explaining that such right to silence was only being invoked because of the challenge proceedings that were still pending at appeal.
“On the basis of that testimony they want to send him to jail,” argued lawyer Kathleen Calleja Grima.
Unlike other pardons, that granted to Theuma was never exhibited in full but only a redacted version was presented in separate criminal proceedings, omitting information that was not related to the Caruana Galizia murder.
Theuma would willingly declare on oath that he was granted a pardon for the specific reason of testifying about the journalist’s murder.
He was scheduled to testify at Thursday’s sitting but his lawyer had filed a note informing the court of his unavailability owing to a hospital appointment he could not miss.
The applicants’ lawyer, Joseph Zammit Maempel, said that he would summon Theuma to confirm his previous statements.
In light of Theuma’s decision not to testify until Fenech’s challenge proceedings were finalised, the court directed the court registrar to inform it as to the stage reached by those proceedings.
The case continues in October.
Lawyer Anna Mallia is assisting Fenech. Lawyers Kathleen Calleja Grima and Matthew Brincat are assisting Theuma. Lawyers Alfred Abela and Rene’ Darmanin are assisting Agius. Lawyer Ishmael Psaila is assisting Vella. Lawyer Daniel Attard was assisting Muscat.