Presidential pardon offered to those who received social benefits illegally

 

A Presidential Pardon is being offered to those who received social benefits illegally as part of a racket fronted by, amongst others, former Labour Party MP Silvio Grixti, the government announced on Thursday.

The government said that the Presidential Pardon will only be for those people who pay back everything that they illegally received in the severe disability racket, and amongst other things, that they testify against those who ran the scheme.

There will be no pardon for those who were the instigators or promoters of the scheme, the government said.

The announcement comes in the same week that the courts found enough evidence for a bill of indictment to be issued against former Labour MP and general practitioner Silvio Grixti, and his other enablers, Roger Agius, Dunstan Caruana, Emmanuel Spagnol and Luke Saliba, accused of a benefits racket that has been costed at €6 million in taxpayers’ money.

The government reiterated that when the racket came to the attention of the Office of the Prime Minister, it was immediately reported to the police so that the necessary investigations may begin, investigations which resulted in court proceedings being instigated.

The government continued that the Social Policy Ministry had appointed a board to evaluate the process of severe disability assistance applications, and presented its recommendations on 14 March 2024, and also noted that the court declared that there was enough evidence to indict 5 people – including Grixti – in connection with the racket last Tuesday.

The Cabinet recommended to the President that because of the particular circumstances under which a number of social benefits payments, including to those not entitled to them “a solution outside of the criminal justice system for this situation should be found by giving a pardon when it comes to punishments against people who received the benefits.”

Cabinet recommended that the pardon is only given under a number of conditions.

The first of these is that the person in question must present a request for pardon in writing to the director of Social Security department where they state that they wish to receive this pardon and give all the factual details that the department requires.

The people in question must then pay the amount that they received in illegal benefits back to the Social Security department in full together with administrative fees which are to be established in line at the director’s discretion, or by committing to an agreement in writing with the department on how the amount will be repaid.

The Social Security department director must then confirm in writing that the person in question has satisfied this criteria, and approach the Police Commissioner with the said confirmation who will then pass it on to the Justice Ministry so that the pardon may be issued.

Another condition is that the pardon should in no way be interpreted as an exemption of a person from testifying and saying the whole truth about the circumstances which led to them being paid illegally if and when they are summoned. 

The government said that the pardon will be withdrawn and considered to have never been issued if the person who receives it refuses to testify or does not give the testimony that they are asked to in accordance with the law.  Likewise the pardon will be withdrawn if it results that the beneficiary did not testify the full truth.

The government said that the recommendation was communicated to President Myriam Spiteri Debono, and was accepted by her on Thursday. 

Reacting to the news, the Nationalist Party said that it should publish all of the conditions and details pertaining to the pardon.

“This racket was used by the Labour Party before the last general election to win the votes of hundreds of vulnerable people,” the party said.

The PN continued that the government also has an obligation to state who requested a pardon, and to ensure that all those who were part of the racket – including “past and present Labour politicians”- are investigated and charged before the courts for justice to be done.

 

The PN added that at the same time the Police Commissioner should ensure that the prosecution in these cases are serious and professional so that those who are guilty are found guilty and do not get off “due to the incompetence of the prosecution.”