President grants oil trader George Farrugia pardon

Conditions for presidential pardon include repayment of illegal proceeds and payment to government of €250,000.

George Farrugia has been granted a presidential pardon to turn State's witness in the Trafigura kickbacks investigation.
George Farrugia has been granted a presidential pardon to turn State's witness in the Trafigura kickbacks investigation.

Oil trader George Farrugia is to be granted a presidential pardon in return for information on corruption in the trade of oil and supply of oil products to Enemalta Corporation.

Farrugia, who is being represented by lawyers Franco Debono - the Nationalist MP - and lawyer Siegfried Borg Cole, has accepted the terms of the presidential pardon, which include the repayment of any illegal proceeds made and an additional payment of €250,000 to government that must be carried out within five days.

In a statement, the Office of the President said that President George Abela’s decision followed a recommendation made by the Cabinet and a meeting he held with Attorney General Peter Grech and Police Commissioner John Rizzo.

In a separate statement, the Office of the Prime Minister said that the pardon was being granted on the condition that Farrugia discloses the whole truth. The pardon, it said, applied only to crimes related to allegations made on oil procurement before the pardon was issued.

It warned that if Farrugia failed to disclose the whole truth or if he failed to pass on all profits made from the crime, the presidential pardon would be automatically withdrawn as if it were never granted.

The OPM also said that Farrugia must give government any monies, property and other profits made linked with this crime. “Farrugia must also give government €250,000 in five days,” it said, adding that any further profits must also be passed on to government if it eventually transpires that more profits were made from crimes related to the oil procurement allegations.

The pardon, signed by Farrugia and his lawyer, and the Attorney General Peter Grech, states that the oil trader was ready to give information on crimes that could include corruption or extortion, false declarations, demands to pay money in breach of the law, illicit use of influence or receipt of illicit payments, money laundering, and other crimes in connection with the supply of oil productions for Enemalta Corporation and its subsidiaries.

The pardon applies for on all crimes committed before 10 February 2013, and is dependent on a confession made in court or to prosecuting officers; and on Farrugia telling the truth to police investigators and during all court proceedings.

The pardon does not allow Farrugia to retain the proceeds derived from any illicit activities, but it does not apply to his own personal property. Farrugia will have to pass any such property derived from illicit activities to the government as civil debt to the tune of €250,000 within five days of the pardon.

In the case that any deposition by Farrugia results to have been untrue, the pardon will be annulled.

 

Farrugia is a central figure in the investigations being conducted by the police into the allegations of commissions paid by Trafigura, for the supply of oil to Enemalta.

The commissions were paid to former MOBC chief executive Frank Sammut into a Swiss bank account, whose beneficiary was Sammut through a Gibraltar-based company in 2004.

George Farrugia - presidential pardon by maltatoday

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In a statement, the Office of the President said that President George Abela’s decision followed a recommendation made by the Cabinet and a meeting he held with Attorney General Peter Grech and Police Commissioner John Rizzo. Hence, is the Presidential pardon given by the President different (in content) to that as recommended by the Cabinet? If not, why did the President feel the need to meet with the AG and the Police Commissioner and not just act upon the advice of the Cabinet? Since the President did not act upon the recommendation of the Cabinet only does this mean that the President will take full responsibility for granting this pardon?
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Better watch the ports. Some of these criminals might want to do a runner!
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Reading through the article, I got the impression that the Government discovered ONLY € 250,000 in commissions, and that is what it wanted refunded. Reading through the actual mandat, the wording is completely different, and it is stipulated that the repayment should be total. I hope that the figures would be chased with zeal, to arrive at the proper amount! The commissions must total at least $ 6,000,000, which is what his partners sued him for. Potentially, this would have been a net amount, that is after deducting the sharing out???!!! So the sums involved would be far higher, around €18,000,000.
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The chickens are coming home to roost!
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WHO IS GOING TO DETERMINE WHAT WAS HIS PROFIT????????????????