Risky to cast doubt over permanency of Farrugia’s pardon, PN warns

Shadow justice minister Jason Azzopardi dismissed proposals to revoke the presidential pardon granted to oil trader George Farrugia, warning that doing so could discourage criminals from ratting out their accomplices to the police.

“The presidential pardon is a particularly effective tool to fight organised crime, and I shudder to think of the consequences if we start bandying about the possibility that they can be revoked over reasons that aren’t strong enough,” he told MaltaToday at a press conference.

“Simply put, no criminal will spill the beans on their accomplices if they fear that the pardon granted to him can be retracted.”

Prime Minister Joseph Muscat confirmed that the government will look into Farrugia’s pardon, following the confirmation on appeal of the acquittal of former Enemalta chief projects officer Ray Ferris, who had been found not guilty of corruption charges.

Azzopardi repeatedly refused to speak about the case, insisting it is “far too sensitive”. When it was pointed out to him that he might have to make such a decision as a future justice minister, he told the press to ask for his opinion if and when that day comes.

Farrugia was granted a presidential pardon in February 2013 in return for full disclosure on a network of bribery for the procurement of oil to state corporation Enemalta. The pardon was granted after MaltaToday revealed that oil giant Trafigura had paid kickbacks to a company owned by former Enemalta official Frank Sammut. Farrugia was at the time a middleman for Trafigura and TOTSA.

Under conditions of his pardon, Farrugia told police everything he knew about a system of kickbacks for oil procurement to senior Enemalta officials and gifts to management when dealing with the privatisation process of the corporation’s petroleum division.

Farrugia had identified Ferris as Enemalta’s liaison officer for the privatisation of the petroleum division, and accused him of having asked for €40,000 in return for help in the adjudication.

The oil trader said that he had spent €8,000 on four silver trays as gifts to Ferris, which the Enemalta official had exchanged for an antique tray – that was later seized as evidence by police.

However, Ferris repeatedly denied asking Farrugia for €40,000, and a court last year ruled his testimony more believable.

‘Whose cross was Falzon carrying when he resigned?’

Azzopardi, accompanied by PN election candidate Ivan Bartolo, held the press conference to raise questions on whether the decision to expropriate half a palazzo from property developer Mark Gaffarena was taken on a “higher level” than Michael Falzon.

He recounted how the former planning parliamentary secretary had claimed on Xarabank to “be carrying someone else’s cross” when he resigned in light of a damning NAO report.

“Whose cross was he carrying? Common sense would tell me that he was carrying the cross of somebody of a higher rank, and perhaps Joseph Muscat and [OPM chief of staff] Keith Schembri could shed some light in this regard.”

Azzopardi urged the government to encourage potential accomplices from spilling the beans through the whistleblower law, or through legal provisions that allow the Attorney General to exempt from criminal proceedings people who reveal details on corruption.