Manager claimed he was asked for 10% commission - Police

The former contracts manager of Sliema local council had told the police that then mayor Nikki Dimech requested a commission of between five and 10 per cent of his monthly salary before his appointment, Police Inspector Angelo Gafa' told a court this morning.

However, Mr Dimech later claimed that it was the contracts manager who actually offered the commission.

Giving evidence in the case instituted by the police against Mr Dimech, the inspector said the police got to know of the case on June 14 when Martin Bugelli, director of local government, sent an e-mail to the police commissioner telling him that during a meeting with Stehen Buhagiar, the former contracts manager, it was alleged that Mr Dimech had asked for a commission.

Inspector Gafa said the police had learnt that the council had issued a call for tenders for a contracts manager and Mr Buhagiar was one of four bidders. His was the cheapest bid and he was chosen. But before he was appointed, Mr Dimech asked to see him and asked for a commission of between five and 10 per cent of his monthly salary.

Mr Buhagiar told the police that he was 'shocked and surprised' by the request and refused.

Mr Dimech never mentioned the matter again and Mr Buhagiar was awarded the contract anyway, with a probation period of six months.

Mr Buhagiar had claimed to the police that when his probation period was about to expire, a council meeting was held and his contract was then terminated with six votes in favour of termination, while the other members abstained.

Mr Dimech was not present for that meeting.

Mr Buhagiar had then written to Mr Bugelli complaining that his dismissal was unfair.

Inspector Gafa said that, in terms of the contract, Mr Buhagiar was paid €1,200 a month. The contract was meant to last three years.

Inspector Gafa' said the police first interrogated Mr Buhagiar and then questioned Mr Dimech on August 15.

Initially, Mr Dimech verbally admitted to having requested a commission but this was not recorded in any way. When the police asked Mr Dimech to draw up a written statement, he claimed that it was Mr Buhagiar who offered him the commission.

The inspector said he then held a confrontation between the two and Mr Dimech continued to deny that he had requested a commission.

Mr Dimech told the police that the council had received many complaints about Mr Buhagiar. At one time Mr Buhagiar, accompanied by MP Robert Arrigo called on Mr Dimech, asking him not to terminate the contract. Mr Arrigo at one time even shouted at councillor Yves Cali' and the matter ended up at party level.

In a second statement to the police, Mr Dimech admitted he asked for a commission but never received the money, Inspector Gafa' said.

When questioned by the police about why he had sought a commission, Mr Dimech had claimed that Mr Arrigo had asked for his people to be favoured by the council.

When asked if there was another reason, he did not reply.

Later, when they started chatting, Mr Dimech had, verbally, said that he had a drug problem and needed between €4,500 and €5,000 every month, Inspector Gafa said. When he was asked what drug he took, Mr Dimech did not reply but held his nose and sniffed.

Inspector Gafa said that Superintendent Paul Vassallo occasionally dropped in during the interrogation and asked Mr Dimech whether he needed anything, but he said he did not.

Referring to media interviews given by Mr Dimech on the validity of the second statement, Inspector Gafa denied that the statement was given under duress.

As to whether Mr Dimech was allowed to contact his lawyer, Inspector Gafa said the first lawyer who Mr Dimech asked for could not be reached because he was abroad. A second lawyer offered to call at police headquarters instead, but Mr Dimech refused.

Eventually, Mr Dimech was able to phone his preferred lawyer and spoke to him for 15 minutes.

At no time, Inspector Gafa said, did Mr Dimech have a panic attack as reported in a section of the press. He was actually relatively calm. An escorting sergeant had carried inhaler and pills. Mr Dimech was asked if he needed the inhaler, and he said he did not. He also said he did not need anything else.

The allegations made by Mr Dimech in the media were false, Inspector Gafa said.

After the media reports, Mr Dimech was questioned by the police again, Inspector Gafa said.

This time he said that it was his first statement which was correct, where it was said that Mr Buhagiar offered him the commission.

He denied, in writing, that he was mistreated by the police and when questioned as to his reference to duress, he explained that he had been suffering psychological shock.

Inspector Gafa said, that Mr Dimech had also said that he had previously spent 28 hours at police headquarters in the year 2000 when he was investigated on a friend's overdose. However, in contrast to his previous comments, he denied that he now had a drug problem, although he did so in the past.

He also told the police that he had not used his inhaler because he did not trust anyone.

Inspector Gafa said that council clerk Daniel Micallef had alleged to the police that Mr Dimech had sent him to Mr Buhagiar, asking him to withdraw the allegations he had made to Mr Bugelli.

Defence counsel Stephen Tonna Lowell asked the inspector why some of Mr Dimech's reported comments were not recorded on tape by the police. The inspector said this was part of procedure. He said that in six years of service he never recorded interrogations and it was during questioning about serious crimes that recordings were made.

Inspector Gafa insisted that Mr Dimech was always in a good enough state of health for questioning.

Dr Tonna Lowell said that after the first statement was concluded, Mr Dimech had asked the inspector for a further five minutes 'so he could tell the truth' but the inspector refused. He asked the inspector why this had happened.

Inspector Gafa said that at that stage he felt he needed to question Mr Buhagiar.

Asked if Mr Dimech was undressed in the police lock-up, the inspector said Mr Dimech was not stark naked but he was searched, for his own safety, as was normal procedure.