George and Alfred Degiorgio have mounted a two-fold legal challenge against Cabinet’s decision denying their request for a presidential pardon, effectively turning down information they had about “very serious crimes.”
Although they were “more than willing” to supply such direct information concerning the involvement of a former Minister as well as a sitting Minister in such crimes, the State was not acting like a normal country where the rule of law truly exists, claimed the Degiorgios.
Rather, by turning down their request without even listening to what they had to say, the authorities were holding back “the truth, the whole truth and nothing but the truth.”
On Tuesday morning, the Degiorgios filed an constitutional case, claiming a breach of their right to a fair hearing or rather “no hearing at all,” whilst seeking an effective remedy to ensure that “their past, present and future” requests could be handled without a conflict of interest.
Currently, the State provided no legislation to regulate a case such as theirs, the Degiorgios said.
By means of a second application filed before the First Hall, Civil Court on Tuesday, the alleged hitmen are seeking to challenge Cabinet’s decision recommending refusal of a pardon.
That decision, taken upon advice of the AG and Police Commissioner, was an administrative act that was to be declared null and void because it violated the principles of natural justice and also amounted to an abuse of power by a public authority.
Following their requests in March, there had been no communication with the brothers who currently stand accused of executing the car bomb explosion that killed journalist Daphne Caruana Galizia in October 2017.
They had only learnt through media reports that their requests had been turned down.
An email from the Office of the President subsequently confirmed that refusal.
Yet such refusal made no sense, since no one had listened to what they had to say and moreover, there was a conflict of interest at Cabinet level, claimed the Degiorgios.
Former Minister Chris Cardona, Minister Carmelo Abela, the Police Commissioner, superintendent Keith Arnaud, the AG, lawyer Jason Azzopardi, Melvin Theuma, Vincent Muscat and also Yorgen Fenech, are now named as witnesses in the case intended to review that Cabinet decision.
Lawyer William Cuschieri signed both applications.