The presidential pardon granted to Melvin Theuma, the confessed middleman in the assassination of journalist Daphne Caruana Galizia, will remain undisclosed despite its serious implications for various ongoing court proceedings and high-level crimes committed over the years.

The Office of President Myriam Spiteri Debono has cited “documents related to judicial criminal proceedings” as the reason for denying The Shift’s Freedom of Information (FOI) request for a copy of the pardon.

Legal experts have raised questions about the validity of the refusal, arguing that it lacks legal grounds.

In the past, similar pardons have been made public, including a high-profile pardon given to Joseph Fenech, known as Żeppi l-Ħafi, in 1996, which was connected to the plot to assassinate Richard Cachia Caruana, then the personal assistant of prime minister Eddie Fenech Adami.

The Shift has requested a reconsideration under the FOI Act following a recent development in court.

Despite being granted immunity, Melvin Theuma declined to testify in a case involving Keith Schembri, the disgraced former chief of staff to prime minister Joseph Muscat. Schembri and others are accused of providing Theuma with a fictitious government job.

In court, Theuma said he did not want to incriminate himself. Yet the pardon is meant to provide him immunity.

However, Magistrate Monica Vella, a former Labour mayor, opted to remove Theuma’s previous testimony from the case file instead of ordering him to be cross-examined or held accountable.

This action raises the likelihood that criminal charges against Schembri, Rabat Labour Mayor Sandro Craus, and their associates may be dropped.

Questions regarding the content of the pardon

Research by The Shift indicates that the pardon issued by the government in 2019 has not been fully presented in court.

In 2023, Theuma’s lawyer, Matthew Brincat, informed the court that only a redacted version of the pardon had been presented in cases involving his client, citing sensitive information related to other crimes that could affect ongoing investigations if disclosed in full.

Legal sources suggest that this ‘anomaly’ complicates the court’s proceedings, as it limits their understanding of whether Theuma has also been pardoned for certain crimes on which he is required to testify.

Media reports indicate that Theuma has received a pardon for all his past crimes not connected to the Daphne Caruana Galizia assassination, with four specific crimes mentioned publicly.

The first crime involves his long-standing participation in the illegal lotto industry. Reports indicate that approximately €2 million in cash was discovered at his home during a police search, with Theuma admitting that the money was from an illegal lotto operation he ran. He allegedly laundered these proceeds through real estate purchases.

To date, law enforcement authorities have not pursued legal action against him or his accomplices, and it remains unclear whether the funds found were confiscated. His operation has reportedly been transferred to another illegal lotto operator from Żejtun, who also has not faced prosecution despite investigations.

Reports have also mentioned that Theuma’s pardon covers his involvement in two significant robberies: a 2007 heist at an HSBC branch in Balzan and another attempted robbery at the HSBC headquarters in Qormi.

According to a report by MaltaToday, Theuma was also granted immunity for a 2007 robbery at the Casino di Venezia, where €500,000 was stolen, with implications that he sheltered the perpetrators in several of his properties.

These claims could not be independently verified, as the essential details of the pardon remain classified. In 2022, the Nationalist Party (PN) had called for the full text of Theuma’s pardon to be published in the interest of justice, but the government and the Attorney General refused.