Just last month, Prime Minister Joseph Muscat said presidential pardons only serve to help “people walk free”.

Dr Muscat made this declaration when asked about a potential pardon for Vince Muscat, one of the three men already charged with journalist Daphne Caruana Galizia’s murder. 

On Tuesday, Dr Muscat confirmed a key suspect arrested last week has been offered a pardon provided that he offers evidence that is then corroborated in court. The suspected “middleman” has claimed knowledge about the October 2017 bomb plot, as well as insight into who ordered the assassination. 

Dr Muscat said he was shouldering the political responsibility for the decision alone, particularly in light of past issues with presidential pardons. 

"This is not a decision that will be discussed or decided in Cabinet. I have been authorized by Cabinet to take decisions such as this alone and I believe that given past cases, it is a decision that I must shoulder alone," he said.

What did Muscat say about the last high-profile pardon given?

Oil trader George Farrugia was offered a pardon in 2013. His testimony is yet to secure any convictions.

Then Opposition leader Joseph Muscat was heavily critical of a 2013 decision by Nationalist Prime Minister Lawrence Gonzi’s cabinet to grant a presidential pardon to oil trader George Farrugia.

"Such cases cannot remain dependent on pardons given by the politicians... What if a politician is involved? This is the point which is concerning me and people”, Dr Muscat had said at the time. 

Presidential pardons are usually given by the Prime Minister in consultation with cabinet.

Dr Muscat had pointed towards a potential conflict of interest whereby politicians take decisions that will ultimately affect them or their allies. 

Do pardons work? 

Recent history would suggest they do not. 

Former Prime Minister Lawrence’s Gonzi’s decision to offer a pardon to oil trader George Farrugia for testimony about alleged kickbacks paid to top Enemalta officials from oil suppliers has yet to secure any convictions. 

Many of the cases brought about as a result of the pardon still languish in court. 
In 2015, former Enemalta chief projects officer Ray Ferris was acquitted of bribery charges despite being named by Mr Farrugia as having demanded a €40,000 bribe. 

Are there any other high-profile examples? 

Joseph Fenech was granted a presidential pardon over his involvement in the near-fatal stabbing of Richard Cachia Caruana

Yes. 

Joseph Fenech, known as Żeppi l-Ħafi, was granted a presidential pardon over his involvement in the near-fatal stabbing of Richard Cachia Caruana in December 1994. 

The case against the suspected mastermind would later collapse, and Mr Fenech walked free for the attempted murder. 
Unrelated theft and drug trafficking charges were also dropped thanks to the pardon. 

Does this mean the middleman will walk free? 

Apart from his suspected involved in the murder, the middleman is also facing charges for his alleged role in an unrelated illegal gambling ring. The Prime Minister said on Tuesday that the pardon would apply to any cases he may be tried on, contingent on him giving evidence and co-operating with authorities in those cases. 

Are pardons the only option? 

No. 

Another tool available to the authorities is a plea bargain, once a suspect has already been charged. 

A plea bargain is an agreement between a prosecutor and a suspect/ defendant to plead guilty to lesser charges in exchange for information or to testify against other defendants. 

Vince Muscat, one of the three men accused of carrying out the assassination, initially tried to negotiate a pardon, but his lack of knowledge about the mastermind meant the Prime Minister was reluctant to grant one. 
Since then, Mr Muscat has tried to reach a plea bargain in exchange for information about the assassination.