President clarifies that he had prerogative on granting pardon
President George Abela clarified this morning that it had been his prerogative whether or not to grant a pardon to a woman who was jailed for refusing her husband access to their son.
Speaking in a radio interview on the PBS programme Ghandi xi Nghid, Dr Abela said the President did not simply act on the advice given to him (by the government) as some journalists had written, but he could exercise his own prerogative.
In this case, he said, he had given importance to the views of the couple's son, whom he had met, the Cabinet, Attorney General and the Police, among others.
He also pointed out that this had been a partial pardon in that the woman had already served some 20 days in prison.
He also said that he has another pending request for another pardon to the same woman over another case related to access. He, therefore, could not comment further.
WHAT THE CONSTITUTION SAYS
The following is what the Constitution of Malta says:
93. (1) The President shall have power to -
(a) grant to any person concerned in or convicted of any offence a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any sentence passed on that person for any offence;
(c) substitute a less severe form of punishment for any punishment imposed on any person for any offence; or
(d) remit the whole or part of any sentence passed on any person for an offence or for any penalty or forfeiture otherwise due to the State on account of any offence.
(2) (a) Where any person has been sentenced to death by any court in Malta, the President shall cause a written report of the case from the trial judge, or, in the case of a court-martial the person presiding, and such other information derived from the record of the case or elsewhere as the President may require, to be sent to the Minister responsible for justice.
(b) The said Minister shall send such written report and information (if any) to the Cabinet, and the Cabinet shall advise the President whether he should grant the offender a pardon or respite in the exercise of the powers conferred on him by this article.
(As downloaded from the website of the Office of the President)
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62 Comments
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Mr Joseph Carmel Chetcuti
Nov 18th 2012, 08:58
No explanation has been offered as to why the President exercised his prerogative. But then, are Presidents accountable to anyone except God?
S Debono
Nov 18th 2012, 08:41
What is the trying to do exactly? Countering his son's actions? unbelievable
Vicky Grech
Nov 17th 2012, 23:55
While the issue being discussed is of imperative importance, I am particularly concerned about the first part of 93.2(a). Quote: "Where any person has been sentenced to death by any court in Malta, .....
I would like to understand what is meant here, since the death penalty had been abolished in Malta. It was in fact a prerogative for joining the EU.
m. borg (slm)
Nov 17th 2012, 22:24
I ask his excellency about his prerogative to call gonzi and make sure that he has a working majoritty in parliament otherwise to call elections.
Black is black, white is white your excellency Mr President.
paul camilleri
Nov 17th 2012, 20:35
so does this mean theat this woman who has applied for another pardon be granted the remainder of the first pardon as the president stated that he granted her with a partial pardon? and what about a pardon for that gentleman that could not afford maintence would the president pardon him after all would it be a discrimination of gender?
Joseph Cauchi Senior
Nov 17th 2012, 18:48
Oh!
I thought that once we introduced Divorce in Malta, all these marital problems would be things of the past and all will live happily ever after!
What is intrinsically wrong can never be right!
JC.
m. borg (slm)
Nov 17th 2012, 22:25
What the heck are you talking about, you sound like a bumbling fool with dementia.
What has divorce got to do with presidential pardons
Mr Joseph Carmel Chetcuti
Nov 17th 2012, 23:15
You obviously have no idea of what divorce legislation is all about.
Alfred Grech
Nov 17th 2012, 18:12
Would someone in Parliament please pass a motion to change the Constitution to allow a President to be elected for more than one term? George Abela is the best President we ever had and would love to see him serving for two, three and even four terms.,
C. Vella
Nov 17th 2012, 18:45
no thanks
Alfred Falzon
Nov 17th 2012, 18:52
The day will come when truth and justice will prevail. We will all be in abetter position to judge whether H.E. George Abela was the best president and whether he deserves another term. At the moment I beg to differ.
John Attard
Nov 17th 2012, 20:52
We always say that x or y are the best. Best is to serve their term max 2 and move on. Life is like that. It's enough that we have a dictator in Government.....we do not want this extended to the presidency....let s move on.
Mr Joseph Carmel Chetcuti
Nov 17th 2012, 23:16
Aflred, forget it!
Mr C Galea
Nov 17th 2012, 23:46
It seems that the people of malta never learn, good or no good two terrms max and then one should go. i love the american sytem of two terms only, this brings in new blood new ideas and less corruption.
Joseph Camilleri
Nov 18th 2012, 01:01
really.. no thank you!!
Mr Joseph Carmel Chetcuti
Nov 18th 2012, 04:13
In describing this president as the best president, you are insulting previous Presidents including Sir Anthony Mamo. However I am used to conservatives inflating their own egos and that of other conservatives.
Michael Magri
Nov 17th 2012, 17:43
Your Excellency
I am more than sure that you have given your utmost attention on all considerations given, before deciding on the said, not so easy, case, and of which, i, as many others, agreed.
But above all, thank you kindly for your wonderful `job` as Our President, towards ALL Maltese Citizins and especially towards those mostly in need. Keep it up your Excellency..
Alfred Falzon
Nov 17th 2012, 21:22
Our highest institution has been reduced into a philanthropic institution.
Michael Magri
Nov 18th 2012, 10:01
Not exactly Alfred. The organization, `Community Chest Fund`, of which i think you are refering to, has been founded years ago and always under the patronship of the President. The point is that President Abela, has been the most President that has so far introduced various initiatives successfuly in all aspects to help those in need and i see nothing wrong with that at all.
G Schembri
Nov 17th 2012, 17:35
I cannot understand how certain persons are saying the president was wrong, when the president heard the whole story and they only heard what the media wanted them to hear. We haven't heard the wife's story yet. I suggest we leave this woman alone, teachers and students who know her say she is a very good woman who has dedicated her life to her son.
Stefan Sacco
Nov 17th 2012, 21:01
Mr Schembri...the court most surely have heard all the story.....and did justice. Then came the Xarabank pressure....and then the President's pardon. Who should have left the course of justice doing its job ???
B. Farrugia
Nov 17th 2012, 17:30
I must say that the present President has been remarkable, and unique
as regards prerogative, it smacks of ........... blind power,
the constitution must be overdue for an overhaul, the constitution is imperfect.
I suppose to use this prerogative reasons must be given for this to be exercised.
Colin Camilleri
Nov 17th 2012, 16:53
Since he granted that undeserved pardon to the woman, he has lost all my respect!
Stefan Sacco
Nov 17th 2012, 16:01
The worst thing you did in an otherwise excellent term of presidency.
Martin Saliba
Nov 17th 2012, 17:24
My thoughts exactly . As far as i am concerned i will remember him for this pardon which should not have been given . Did he know that this woman had another case involving the same reasons ?
Andrew Terry Buttigieg
Nov 17th 2012, 18:10
I admire the president for his non-partisan approach, and during the Presidential charity Run for Strina I ran with him... for those acts I commend him, What I don't commend him is opening a prejudice... simply pardoning a Mother for blatantly avoiding the law, while legitimate cases such as http://www.timesofmalta.com/articles/view/20121111/local/Waiting-to-be-jailed.444806 are in picture. Unfair
david debattista
Nov 18th 2012, 00:12
Why, because you feel your self esteem as a man threatened ! GROW UP !
What about her son . Who can force a 16 year old nowadays , to see one of the parents , most will be out the front door so fast it will make your head spin . Give me a break Stefan, Martin .
Such problems must be approached in a holistic way especially by our courts !
CF Campbell
Nov 17th 2012, 15:40
By Maltese voters turning their backs on God, giving the state authority over marriage, why is this an issue? Werent we told that divorce would magically solve all of these issues? Amazing, it did not?! Perhaps, less "European" embracing, more embracement of Catholic priniciples........
G Schembri
Nov 17th 2012, 17:31
This marriage has ended way before the divorce law, as a matter of fact nowhere have we read that the couple is divorced.
B Attard
Nov 17th 2012, 17:46
@CF Campell
Who said divorce would magically solve all issues? I'd rather say the co-habitating blessing will do this.Get a life and admit that nowadays persons with marraige problems are not bound to wait 4 years to get a divorce.
m. borg (slm)
Nov 17th 2012, 22:26
Are you guys for real, what has divorce have to do with presidential pardons.
Geeeeeeeeze is everybody going crazy?
Tony Zammit
Nov 18th 2012, 05:26
CF Campbell
We joined the EU, so now we do what the rest of the EU countries do..Don’t blame me I didn’t vote to join, but maybe your fault mate.
Joe Morana
Nov 17th 2012, 15:38
Your Excellency
I admired your humane approach (i.e the Presidential Pardon regarding the first sentence metted out to this person) . May I however humbly submit that it would create a questionable precedent to grant a second Presidential Pardon to a 'repeat' offender. Se mai! I humbly suggest that the President may wish to recommend amendments to prevailing laws as necessary.
G Schembri
Nov 17th 2012, 17:29
What if the mother has been victim of the justice system many times. The way the husband spoke shows clearly that he knows the laws and can find as many loopholes as he wants. The son must have had a good reason for refusing to see the father. It was only the father who said the son wanted to see him, but at the end the son said he now has come of age, and decided no to see his father.
Anthony Paul Naudi
Nov 17th 2012, 15:08
Ghandna president biex niftahru bih ghax kien kapaci jgib l-ghaqda bejn kulhadd. Mhux qed nighd li ta'qablu ma kienux imma dan spikka fuq kulhadd. Prosit ghaziz president u kellu bzonn li jkun min ikun fil-gvern igeddidlek it-terminu tieghek. Grazzi mill-qalb.
A.P.Naudi
Mr Anton Portelli
Nov 17th 2012, 18:31
I fully agree.
Your excellency you have shown that you are close to the people. Keep up your good work.
stephen mifsud
Nov 17th 2012, 14:39
Mr Presedent you are a good man with good values and good heart god bless you ...its to bad if the MLP wins the. election you cant stay as presedent because if i was Joseph i would ask you to stay on ...
Alfred Falzon
Nov 17th 2012, 14:54
That is your opinion which I fully respect. Likewise I differ completely from your views regarding this presidency. There is more to it than meets the eye.
B Attard
Nov 17th 2012, 15:08
What's your point exactly?
Mr Henry A. Grima
Nov 17th 2012, 14:23
Well done Mr President!
No wonder the PM chose you to be the 'Peoples' President'.
Everybody likes you and loves you because you are humane and generous.
Pity you were sidelined by the MLP leadership to be leader.
You would have revolusionised Maltese politics.
Joseph Attard
Nov 17th 2012, 19:43
Nahseb li kieku inghazel bhala Pl leader kont se tfahhru!
Anthony Arpa
Nov 17th 2012, 14:02
Mela issa Sur President la int ghandek il power li tiddeciedi ahsiba sew qabel tiddeciedi jekk kif ghat int ghandek talba ohra fuq l-istess ghall clemenza mil l istess Mara ... L-Ex Ragel ta din il Mara ukoll ghandu id drit li drittijiet tijaw jigu ir rispetati
B Attard
Nov 17th 2012, 15:12
@ Anthony Arpa
Jigifieri int tippreferi li dawn l-ex koppja jibqghu ghaddejjin bit-trouble bejniethom. Tinsiex li binhom illum huwa adult u jekk irid jara l-missieru l-ebda hadd m'hu se jzommu.Mill-banda l-ohra jekk ma jridx jaf bih ma jisgtgha jindahallu hadd l-anqas.
twanny borg
Nov 17th 2012, 15:30
u d-drittijiet tat-tifel/adult fejnhom?
twanny borg
Nov 17th 2012, 15:39
l-ewwel drittijiet ghandhom jigu ghal dan it-tifel/adult u mhux jigi ikkonsidrat bhala oggett. zgur li omm dan it-tifel jintbaghat il-habs mhux gustizzja darba dan mhux baby. jidher li l-qrati ma min iridu jaghtu sentenzi sospizi forsi ma xi halliel li jkun xeba jisraq.
Anthony Arpa
Nov 17th 2012, 17:31
Sur B Attard
Il kaz li qed jissemma huwa ta qabel u mhux ta issa u saru qabel it tifel ghalaq it 18, jibqa il fatt li il missier gie imcahhad mill jara lil ibnu ..
Antoine Musu
Nov 17th 2012, 13:01
Abosutely, the President's prerogative; I couldn't agree more.
President George Abela qualifies as one who sets the highest standards any country would ever want.
C. Vella
Nov 17th 2012, 12:58
What about the views of the father? Did you meet him? Did you hear what he had to say like the judges did?
Alfred Falzon
Nov 17th 2012, 14:51
Why meet with the father when the lawyer defending the father is non other than the President's son. I am sure that His Excellency was well briefed.
Lawrence Zammit
Nov 17th 2012, 16:30
One of the most serious problems on this island is that no one respects anyone else. Mr. Vella, you are not the president and therefore your opinion in this case counts zero. When you do become president, maybe you will do better then President George Abela,but until that time show some respect!
G Schembri
Nov 17th 2012, 17:25
Do you know these persons personally? Do you know their whole story? I'm sure you don't. I'm sure the president is wise enough to realise that the wife was the victim and not the husband.
C. Vella
Nov 17th 2012, 18:44
Mr Zammit you preach respect but it seems you lack respect towards other’s opinions. Me like many out there did not like the way the pardon was handled and just like you, we have the right to give our two cents about what I consider the only black smudge in an otherwise perfect presidential run. I hope I did not shake your elitist pulpit too much.
Steve Demicoli
Nov 17th 2012, 12:37
The prerogative of whether or not to grant pardons IS the president's.
However, the president would do well not to reinforce the (existing) belief that in family cases females are given preference to males (ex. 2 presidential pardons for a female withholding access to the couple's son VS no pardon for a father who couldn't afford to pay maintenance set at a higher rate than his income
Malcolm Mizzi
Nov 17th 2012, 13:16
That's the so called gender equality after all..
G Schembri
Nov 17th 2012, 13:19
Was there any a father who couldn't afford to pay maintenance set at a higher rate than his income, who asked for a presidential pardon and was refused? Why should this woman be sent to prison when her 17 year old son did not want to visit his father, what do you expect her to do, take him to his father by force?
Edward Camilleri
Nov 17th 2012, 13:40
As far as I know this father has not applied for a pardon, at least nothing in the newspapers. Therefore the president cannot consider this.
I thing the wrongdoing on this father is by the court, since he has found another job, he should have been given time to pay back. Its not like he doesn't want to work not to pay maintenance.Prison time does not help in such cases, but makes matters worse.
J Tabone
Nov 17th 2012, 14:33
I agree with Mr. Camilleri on this. What kind of justice is this? How can a person pay if he is earning less than the amount set by the judge? Shouldn't there be a percentage - say 45% - of a person's wage to be set as alimony/maintenance?
B Attard
Nov 17th 2012, 15:24
The president is a real gentleman, but unfortunately the set of rules dominating the Family court are rubbish.
A lot of people both men and women live the trauma daily in these courts of 'IN' justice.
I would like Mr. President to have a close look at what is going on in the family. Wasting 100's of euro on lawyers and court personnel could be better invested on the children's requirements.
Louis Muscat
Nov 17th 2012, 18:10
no pardon for a father who couldn't afford to pay maintenance set at a higher rate than his income" The problem with our courts is that it seems they just pass the sentence without ever study the case which leaves you with a lot of question marks. They tell you that you can appeal, easier said than done, when taking into consideration the exorbitant fees, one have to pay his/her lawyer.
Dr. David Pollina
Nov 17th 2012, 18:31
@G.Schembri, yes, and with the assistance of the police if needed! How many people wish to forget that it is each parents responsibility to see that the child (until 18) complies with a Court ORDER. It matters not what the child's opinion is to the order, it HAS to be obeyed.
At the same time, the Courts need to LISTEN to the children in such cases in addition to the parents.
silvio loporto
Nov 17th 2012, 12:23
Well done Mr.President, not only did you act in the best interest of the mother and son, but you showed that there are still people who act in a humatarian way when needed.
You have also shown that you are a President near to the people,
That must be the reason why all of us respect you and love you.
Jesmond Degabriele
Nov 17th 2012, 17:13
U Il-missier x`jaghmel , imur mar-riha ta Wied Ghammieq?.
Please choose the reason of your report below: