Three men charged with gruesome crimes admitted to the charges following plea bargain agreements. Claudia Calleja questions the reason behind the process in this article published before Eliott Paul Busuttil and Jeremie Camilleri were sentenced on March 5.

In 10 days of legal drama, three men facing life behind bars for three different murders admitted their guilt in exchange for reduced sentences, sparking questions about the intricacies of the so-called plea-bargaining process.

Legal experts suggest that such agreements are often sought when defence lawyers perceive no viable escape routes for their clients.

For the prosecution and victims’ families, plea bargains offer a quicker resolution, reduced expenses, and the invaluable testimony needed to bring other perpetrators to justice.

“Sometimes the prosecution has damning evidence and there is no way out,” one lawyer said.

Another added: “This [plea bargaining] is also as a result of media coverage leading to the accused being wary of risking life due to a preconditioned jury pool and thus opt to cut their losses and avoid life.”

Recent data provided by the Justice Ministry showed 102 cases awaiting trial by jury until the beginning of February. They involved 119 individuals and the oldest case dated back to 2009. 

Speeding up justice

Plea bargaining facilitates the administration of justice as it expedites cases and helps reduce this heavy backlog, according to lawyers Joe Giglio and Jason Azzopardi.

“It benefits the victims because it brings closure without the need of putting them through a lengthy trial,” said Giglio.

Taking a case before a panel of jurors, came with risks for both the defence and the prosecution, Azzopardi added.

Stefano Filletti, Head of Department of Criminal Law at the University of Malta, explained that if the State (through the attorney general) – and the accused – came to a sentencing agreement, it was common practice that the AG took the wishes of the family of the injured party into account.

When doing away with a trial by jury, the system becomes more efficient, quicker and less expensive

He said sentence bargaining and plea bargaining were essential tools in the administration of justice. First, they brought quicker closure to the victims and swifter justice to the accused and were also cost-effective. Data from 2016 showed that a trial cost about €3,000 per day.

“When doing away with a trial by jury, the system becomes more efficient, quicker and less expensive,” Filletti said.

One admission, more convictions

There was another important function of sentence bargaining. If a co-accused admitted to a crime against a plea-bargaining agreement, then the AG could summon that person to testify – increasing the chances of conviction of others who did not admit.

This is what happened on February 13, when Danish national Jesper Kristiansen, one of the three men awaiting trial for the 2020 Sliema double murder, admitted after agreeing to a plea deal of 40 years’ jail.

He admitted to his involvement in the murder of Christian Pandolfino and Ivor Maciejowski at their home in August 2020. Two other men are also facing murder charges. Had he gone to trial, Kristiansen could have faced up to life in prison. As his plea deal has now been formalised, he is able to testify against his co-accused without the fear of self-incrimination.

Avoiding life in jail

On February 15, Elliot Paul Busuttil, 40, from Attard admitted to murdering taxi driver Mario Farrugia, who was found dead in the trunk of his car two years ago, as well as the attempted murder of a second man, Emil Marinov.

Farrugia, 62, from Pembroke, was stabbed more than 40 times and then left in the trunk of his car in a Qormi valley in April 2022.

At the time, Busuttil was out on bail for the attempted murder of Bulgarian national Emil Marinov, who was found in Ta’ Qali in August 2020, after also being stabbed multiple times. 

The court was informed that the prosecution and defence had agreed on a 35-year prison sentence.

On February 4, Jeremie Camilleri admitted to having intentionally ran over Pelin Kaya and then threw stones at her dead body last year, reversing his initial not guilty plea. Kaya was mowed down by his BMW car as she walked home along Testaferrata Street, Gżira, hours into her 30th birthday celebration.

His case will now be sent to a criminal court judge, who will sentence him. Camilleri faces up to a lifetime sentence in prison, though defence lawyers told the court they had reached an agreement with all parties, including the victim’s family.

Closure for families

In an Instagram post, Kaya’s sister, Derya, confirmed that the family was consulted by the attorney general’s office about the plea bargaining and agreed.

She wrote: “Pelin will never come back, and the pain will never go away. Even though we think the murderer deserves the harshest punishment, in order to ensure... the speedy conclusion considering the difficult and exhausting nature of the process we can confirm that we were consulted... We never want it to be thought that we have given up, we took this step so that our family can breathe a little.”

Pelin Kaya's sister Derya at the site of the murder, where a memorial was held. Photo: Matthew Mirabelli

Pippo Pandolfino and Tom Maciejowski – the brothers of murdered men Christian Pandolfino and Ivor Maciejowski – said the news that one alleged killer pleaded guilty in exchange for a set jail term of 40 years “is the first step in bringing closure, although nothing can be done to bring the loved ones back”.

Karl Grech, director of Victim Support Malta, said many victims view plea bargains with scepticism because they worry such agreements may allow offenders to receive lenient sentences, thus diminishing the sense of justice and accountability.

For some, a trial represents a public acknowledgement of the harm they suffered and an opportunity for the offender to be held fully accountable.

“The way a plea bargain is perceived can significantly affect a victim’s healing process. However, if the deal is seen as unjust or too lenient, it can exacerbate feelings of pain and anger, hindering recovery.

“A significant challenge in assisting crime victims is the protracted duration from case initiation to its hearing, and ultimately, to sentencing. This extended timeline can exacerbate trauma for victims. Therefore, implementing measures to expedite the legal process could significantly alleviate the additional stress caused by drawn-out court proceedings,” he said.

Victim Support Malta provides therapeutic services to individuals who experienced crime, sexual assault, traffic accidents and individuals who have been affected by suicide. Kindly reach out on 2122 8333 or on info@victimsupport.org.mt.