Immunity from prosecution by turning state’s evidence goes back to the 16th century and allowed accomplices in crimes to give testimony against their associates in exchange for leniency in sentencing or immunity from prosecution.
During the first period of British rule in Malta, the administration of justice and police, as circumstances permitted, continued to be exercised in conformity with the laws and institutions of the Order of the Knights. However, several regulations in the form of bandi were issued from time to time in order to prevent crime.
As there were frequent thefts, a bando was issued offering a reward of money to persons giving information to the police leading to the apprehension of thieves. Moreover, if the person giving such information was an accomplice, he was exempted from prosecution.
But theft was not the only crime in Malta at that time and the 1838 Austin-Lewis report mentioned that, in November 1837, the government offered rewards for the discovery of the persons concerned in four murders and two other crimes of attempted murder. These crimes were committed within a year and those responsible were not detected. It was said that, for the majority of the crimes committed in Malta, the law was utterly powerless on account of the inefficiency of the police.
The first murder case when an accomplice was offered immunity from prosecution was in 1829 when Ċikku Attard gave details of the murders of Vincenzo Cucciardi and Francesca Bellia. After the death of both her parents, the 45-year-old woman declared that she was interested in finding a man her age to marry him. This news was particularly interesting to Madalena Bonanno, who decided to act as a matchmaker as a cover to deceive Bellia. On December 29, 1897, Bonanno’s husband, Wenzu, accompanied by Ċikku Farrugia called on Bellia, who was alone in her house, and told her that Farrugia was the man who wished to marry her. But when the unfortunate woman went into the kitchen, Farrugia followed her, seized her by the neck and strangled her.
With Bellia lifeless on the floor, Farrugia and Bonanno opened the front door for Maddalena and Wiġi Darmanin to join them to search for the money and any other valuables. After the burglary, they all went to Bonanno’s shop to share the money and stolen articles.
That night, Farrugia proceeded to Cospicua and passed the night at the house of Ċikku Attard, a fellow criminal. In the morning, Farrugia told Attard about the murder and gave him 10 dollars from the stolen money to keep his mouth shut about the matter.
Despite every effort by the police, the case remained unsolved. However, after the murder of Vincenzo Cucciardi on January 1, 1829, after a notification promising a free pardon, Attard came forward with the details about Bellia’s and Cucciardi’s murders.
Eventually, Bonanno and his wife, together with Farrugia and Darmanin, were charged with theft and murder. Farrugia and Darmanin were found guilty and sentenced to death. They were executed in Floriana on February 3, 1830. Madalena Bonanno was found guilty as an accomplice and sentenced to 20 years’ imprisonment.
The first woman who was granted a king’s pardon was Giovanna Brown who, in 1910, gave evidence against Francesco Barone. On Saturday, March 10, 1900, a man passing near Balluta Bay, St Julian’s noticed a strange object floating in the sea. Dragging the ‘object’ ashore, he found, to his astonishment, the corpse of a newborn girl.
The law was utterly powerless on account of the inefficiency of the police
Police investigations revealed that Brown, an unmarried woman, had just given birth to a child. A search was carried out in her residence where the police found bloodstained linen. It also emerged that Brown was in love with Francesco Barone, a 33-year-old Sicilian. Their love affair had started in August 1899, when Brown was already pregnant, and Barone was aware of her pregnancy.
In the statement she made to the police, Giovanna said that when the child was due her mother had wanted to call the midwife but Barone opposed this idea as he was aware that the midwife had to inform the police after assisting at the birth. Brown also added that Barone had helped her during the delivery of the baby but, as soon as the baby was born, he wanted to kill her.
Barone wrapped the child in a blanket and tried to strangle her but she pleaded with him to baptise the child first. Brown alleged that Barone had killed the child and placed her in a small zinc bath which he filled with water. When her mother called at her the following day, they planned to bury her in a cemetery but, once more, Barone opposed the idea so they went to Balluta Bay, where they disposed of her.
On April 1, 1901, Barone was charged with wilful homicide in a trial by jury. Brown turned king’s evidence and she repeated her earlier statement to the police. By a verdict of six votes to three, Barone was found guilty as charged and received a life prison sentence.
In 1939, a letter patent was issued and Section 55 stated that: “When an offence has been committed for which the offender may be tried in Malta, the Governor may as he shall see occasion, in our name and on our behalf, grant pardon to any accomplice in such offence who shall give information as shall lead to the conviction of the principal offender or any one of such offenders, if more than one.”
In a 1944 trial composed of Chief Justice Sir George Borg, Mr Justice L. Camilleri and Mr Justice H. Harding, the Criminal Court made an important pronouncement.
George Bezzina, Michael Attard, Louis Fenech and Joseph Bezzina were brought to trial for theft of sugar to the detriment of the government.
The main witness for the prosecution was William Hosie, who, being implicated in the theft, had obtained the Governor’s pardon following his request to turn king’s evidence.
During the trial, the defence pleaded that, according to Hosie’s statement to the police, he rendered himself as a co-principal and not as an accomplice. However, the court decreed that since the Governor had decided that Hosie was an accomplice, that decision could not be interfered with by the court. It was also said that, although it was true that a co-principal could not be made to testify with impunity, the decision as to that quality rested with the Governor.
On April 22, 1948, at about 10.30am, a Royal Navy truck carrying the sum of £126,740, the payroll of the dockyard employees, being driven along Paola Hill, Paola (where the MCAST is today) was accosted by armed and hooded men who ordered the driver and the other men in the truck to get down. Then the robbers made off with the truck and the money.
When the alarm was raised, the police began an intensive search for the truck, which was later found abandoned at Tal-Ħlas, limits of Żebbuġ. A search for the money in the same area followed and this lasted about two weeks. About £100,000 of the stolen money was retrieved.
Eventually, the police arrested Ġeraldu Cassar, 24, Salvu Fenech, 24, Manwel Cardona, 26, Ġużeppi Cachia, 27, Ġanni Gambin, 31, and Ġanni Buttigieg. When questioned by the police, all suspects denied their involvement in the robbery.
Later, Buttigieg offered to reveal the details of the robbery if he was allowed to turn king’s evidence. After the Governor approved his immunity, Buttigieg made a written statement implicating the other suspects. Four of the accused were sentenced to 11 years imprisonment and the fifth was acquitted.