Convicted murderer Alfred Degiorgio had his request for prison leave rejected after the court placed the onus on the prisons’ director to take the decision, according to sources.
The request was filed on March 9, less than two weeks after authorities controversially granted prison leave to his brother George to attend a family baptism. Both men have been convicted to a 40-year prison term for the murder of journalist Daphne Caruana Galizia.
Alfred Degiorgio was seeking permission to spend two hours at his daughter’s birthday party at a residence in a southern town in Malta.
According to sources, Degiorgio also filed a prison leave application for the event with prison authorities, who told him to obtain permission from the courts first.
Sources said the court, presided over by Chief Justice Mark Chetcuti, ruled that a decision on whether he was to be granted prison leave was to be taken by the director of prisons, according to law.
The Correctional Services Agency’s CEO had absolute discretion to deny prison leave for Degiorgio, or any sentenced prisoner.
Article 61 of the Prison Regulations states that “prison leave may be granted by the director (of prisons), in accordance with such general directions as may be from time to time given by the minister, to a prisoner under such conditions as may be determined by the director in accordance with such directions”.
The stated reasons for prison leave include the birth, marriage or other special family occasion of prisoners’ spouses, children or grandchildren, and for compassionate reasons to attend the funeral of a near relative or to visit a seriously ill near relative.
Prison leave may be granted by the director of prisons
“Leave under this regulation may be granted by the director,” the same article later specifies.
The sources said the CEO referred the matter to the prisons board and the decision was taken to reject the request.
Degiorgio’s lawyers refused to comment when contacted yesterday.
A decision to release his brother George to attend a daytime baptism party in February for his grandchild drew widespread anger in Malta and overseas.
One of the convicted killer’s sons was also questioned by the police after he went on to upload a cryptic post with the word “money talks” on Facebook, in reaction to the anger about his father’s temporary prison release. He was later released without charge.
As anger over his temporary release grew, both Prime Minister Robert Abela and Home Affairs Minister Byron Camilleri blamed the law courts for the “insensitive” decision to allow Degiorgio out.
A Times of Malta fact-check, however, showed that the convicted killer could not have exited prison without the go-ahead of prison authorities.
This time round, the court did not recommend that he is granted prison leave, as it had done with the George Degiorgio case. It simply left it to the prison head to decide.