AG hands Dalli report to the police
Malta’s Attorney General has submitted the EU’s anti-fraud agency report to the police.
Sources close to the AG office told The Times he had finalised his recommendations on the investigation by the anti-fraud agency, OLAF, and the report has now been passed on to the police.
“The ball is in the police’s court as they will now have to examine the AG’s recommendations and conduct their own investigations before deciding whether to take further action,” the sources said.
The EU’s anti-fraud office’s investigation concluded that the Maltese businessman had approached a Swedish tobacco producer, using his contact with Mr Dalli, and sought to gain financial advantage in exchange for influence on a possible legislative proposal on snus – a tobacco product which is banned in all EU countries except Sweden.
The Commissioner, according to the OLAF inquiry, “was aware of events”, though Mr Dalli has strongly denied this claim. It is not yet known whether the police will question Mr Dalli, businessman Silvio Zammit (who has since resigned as Sliema deputy mayor), as well as other people included in the OLAF report.
Commission president José Manuel Barroso yesterday responded to the public allegations made by Mr Dalli in his media blitz and warned him to “behave with integrity” in line with the terms of EU treaty provisions on former Commissioners.
Resigning from EU post is ‘irrevocable’
Mr Barroso’s strongly worded letter indicates that the Commission may be considering the formal sacking of Malta’s former Commissioner, depriving him from lucrative transition allowances and a pension.
Describing Mr Dalli’s statements and claims as unacceptable, Mr Barroso reiterated his position that according to the treaty, no written form was required for a declaration of resignation, the act of which was “irrevocable”.
The Commission’s head also referred to Mr Dalli’s various accusations of illegal and incorrect conduct vis-à-vis his treatment calling such accusations “incomprehensible”.
“In the light of certain statements and insinuations you have made in relation to the process of preparation of the revised directive on tobacco, I wish to remind you of the obligation, as a former commissioner, to behave with integrity in accordance with article 245 of the treaty,” Mr Barroso said.
Mr Barroso said that as the OLAF investigation had confirmed, the decision-making process of the Commission in the tobacco file had not been affected, and as foreseen in the work programme, the Commission would proceed with this proposal.
Article 245 of the EU Treaty
The members of the Commission may not, during their term of office, engage in any other occupation, whether gainful or not.
When entering upon their duties they shall give a solemn undertaking that, both during and after their term of office, they will respect the obligations arising there from, and in particular their duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits.
In the event of any breach of these obligations, the Court of Justice may, on application by the Council acting by a simple majority or the Commission, rule that the member concerned be, according to the circumstances, either compulsorily retired in accordance with Article 247 or deprived of his right to a pension or other benefits in its stead.
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Joseph Grech Attard
Oct 25th 2012, 20:39
The EU is acting in a jungle manner i.e. survival of the fittest; or, rather, in a very fascist, mafia, gamorra, and manner. But does anyone expect better from an organisation which has already been found to be corrupt in places and which is laden with unnecessary and expensive protocol and over-paid individuals?
Joe Brincat-LL.D
Oct 25th 2012, 17:12
I am afraid that, to avoid that any decision is taken, the courts will be burdened with the case of JD. Often the thinking is, even if there is no evidence, "let the courts acquit". A sensitive case, so my fears increase. If the time-frame is as usual, then I pity JD for a hard time ahead, not in Brussels but in Malta. The procedure is different from the case of Chris Said ! Hope I'm wrong
Francis Saliba M.D.
Oct 26th 2012, 09:11
Everyone will play safe. If it can be avoided, no one will take the bull by the horns and decide expeditiously if there is a case to answer and, if so,by whom, In the meantime JD's and Malta's good name will be tainted solely because of a very dubious, indirect vague "association" with a rich and unsavoury tobacco industry lobbying inside the EU Commission to obstruct the Dalli directive!
Joe Brincat-LL.D
Oct 25th 2012, 15:42
The Attorney General reserves his decision (and this is guaranteed under the Constitution) after the police have investigated. The police may charge before the Magistrate's court (kumpilazzjoni) and at the end of the first month, the Magistrate's Court declares whether the accused should be committed for trial. Generally they commit. It is then that the AG comes into the scene.
alexander grech
Oct 25th 2012, 15:41
Mr.barroso to Mr.dalli 'consider the money that i make you loose and shut up''i will not disclose anyone involved from malta''please now go and retire quietly'
Mrs Maria Rosaria Brincat
Oct 25th 2012, 14:19
Sewwa jghamel Dalli jibqa jigiled biex jidefendi r reputazjoini tieghu u ta pajjizna ghax kieku m ghamilx hekk iffiser li hu hati.
Henry S Pace
Oct 25th 2012, 14:09
AG hands Dalli report to the police '
COP
SE THAT ALL THE DOCUMENTS ARE KEPT IN SAFE HANDS AND UNDER STRICT SECERITY
'
Robert Lewis
Oct 25th 2012, 14:00
Everybody speculating, and concluding without knowing what is what, including myself and most probably everyone else. We should let justice prevail for the benefit of all including J.Dalli, Baroso, Giovanni Kessler, S.Zammit and all. This is something which has to be properly assessed as there is a whole Nation involved and takes time.
E. Azzopardi
Oct 25th 2012, 13:45
After hearing and reading about Mr. Dalli's case, as an EU citizen, I ask:
So, is there somebody responsible for the economic mess in the EU?
J Martinelli
Oct 25th 2012, 16:04
Just ask Bush, Obama, Brown et al and the financial institutions in the US and Britain why they lent money against insufficient or nonexistent securities. Ask Greece, Spain, Italy et al for spending more money than they had, taxed low for the sake of popularity and stacked their civil service with nonproductive employees.
The EU is a collection of govts, some much less responsible than others.
matthew tanti
Oct 25th 2012, 12:02
seems like the beginning of the end for this one!
Willie Grech
Oct 25th 2012, 11:54
Any chance we get to know what was in the Olaf's report and the AG's recommendations?
Joe Xuereb
Oct 25th 2012, 11:49
In Malta, the new god is Mammon. The EU, and Barroso, are sophisticated machines with integrity. Qualities practically unknown in Malta it seems. Having a finger in any financial pie going, permissible or not - and as Commissioner, this is not allowed - comes at a price(Article 245 of EU Treaty). Track records have to be kept in mind. No integrity in preferring profit over people (re:Libya).
Silvan Said
Oct 25th 2012, 11:40
What about the police questioning the young Maltese female lawyer? According to Swedish Match spokesman Zammit made his offer to her when Dalli was not present. Therefore simplistically speaking, its her word against Zammit's and, most importantly, whether the fact that Dalli left the room before the alleged request was made is being considered "unambiguous circumstantial evidence".
Francis Saliba M.D.
Oct 25th 2012, 12:51
Lawyer-client relationship details are absolutely priviliged - much more so than confessor-penitent and doctor-patient relations. Didn't you know.
Mario Scicluna
Oct 25th 2012, 11:33
It's true that the ball is in the Police's court now, however, I think that noone will take any stance, if that is relevant now, to come to any form of conclusion wether to take further action or not. In my opinion, the final decision will ultimately come unconclusive, based on circumstantial evidence. Therefore, no tangible proof as such to incriminate John Dalli. Basta Barroso hammgu u qacctu!
P Azzopardi
Oct 25th 2012, 12:16
maybe its better to wait and see the conclusion of the full AG report presented to the police.....before we arrive to any conclusions.
Billi inwahhlu f, Barroso, OLAF, Dalli jew xi proxxmu iehor ma nasslu imkien Mario !
Mario Scicluna
Oct 25th 2012, 14:06
On the contrary Mr. Azzopardi, I am not drawing any conclusions. However, I can assume or express my view of what might happen can I? But from what I gather, Barroso did not act within the bastions of democracy or integrity either!
Vera ma naslu mkien habib, imma li allegaw u hejjew rapport fuq suppozizzjonijiet u circumstantial evidence huma waslu, sabiex John Dalli twarrab. Bil-pulit. Kwazi.
james zammit
Oct 25th 2012, 11:15
Jien qatt ma qbilt mad-dhul ta'Malta fl-EU ghax qabel kienu jigu pampaluni ta' Brussels inkus Barroso u jghallimna d-demokrazija imma minn meta dhalna kollox beda jidher car u l-kaz ta' Dalli hu ezempju haj ta' xi hmieg hemm Brussels. Jien bhala malti nappoggja l-Dalli, sakemm ma johorgux affarijiet kontra. u jekk ma jinstabx hati l-gvern ghandu jipprotesa bil-qawwi u mhux jilghaq lill-barrani
C Muscat
Oct 25th 2012, 12:38
100% right
Charles J. Buttigieg
Oct 25th 2012, 11:12
When the AG passes over a report to the police does it mean that there is a prima facie base of the alleged crime as contained within the report? My first impression is that there is as otherwise the process would stop at the office of the Attorney General. I am not speculating one way or the other.
Francis Saliba M.D.
Oct 25th 2012, 11:49
No person in his right senses would hold on to such a hot potato if it could possibly be passed on to some junior - unless he was sitting at a desk with "The buck stops here!" written on it.
twanny borg
Oct 25th 2012, 12:49
fl-opinjoni tieghi mhux bilfors. jista' jitlob li ssir investigazzjoni u jekk jirrizulta jittiehdu passi. l-ahjar mod kif l-ag jixxutja hot patatoe. mhux hekk?
A Vella
Oct 25th 2012, 11:00
I think this case is serving to prove of how much the LP is still anti-EU. The LP is giving all the air time to Dalli on their media, the LP supporters are all out siding the conspiracy theories being invented. I for one will never doubt a serious institution as the EU for a Maltese politician (and please note, this politician was fired upon left-right-and centre by the same party not so long ago)
John Williams
Oct 25th 2012, 11:14
Why not give him time, to give his side of the story?? Now we heard that a person from OLAF resigned..... maybe indication of what will happen next!!!
And let me remind you what happened in Malta as Mr. Dalli was made to resign IMMEDIATELY after a letter which was not true and the person was send to jail....
I think that his mistake was of not leaving the meeting with Barroso
H. Meilak
Oct 25th 2012, 11:18
Agreed 100%
Apart from PL supporters, there are others (including PL supporters) who are siding with Dalli because he is Maltese and Barroso is a foreigner; Portugal vs Malta football match...sort of.
Franco Abela
Oct 25th 2012, 11:26
Forsi ghax ahna Maltin qabel ahna Ewropej!
Lawrence Attard
Oct 25th 2012, 11:47
Sur Vella l EU infallibli skont int?
A Vella
Oct 25th 2012, 11:59
That is precisely my point Franco, being Maltese I know very well the psyche by which we function and do business. Here we have to be mature and choose right from wrong, not Maltese from non-Maltese, nationality is not and should not be an issue.
J Tabone
Oct 25th 2012, 10:33
The resignation is "irrevocable" as per Barroso. The OLAF's "head" resigned over this fracas. What if Dalli is innocent? Will he get his job back? I think not!
A Trapani
Oct 25th 2012, 11:20
Correction... The OLAF's chairman resigned over his own fracas as he didn't follow his own duties and responsibilities properly on this case. If Dalli is proved to be innocent he will get his reputation back and a nice sum of compensation and a lovely pension. He wouldnt want his job back I'm sure.
vincent a galea
Oct 25th 2012, 10:25
Let us hope that the Police Commissioner acts fast and with transperancy.
Take us out of our misery! So many volleys have been shot and from all angles!
We demand to know the truth!! This is owed to us all........
Joseph Fenech
Oct 25th 2012, 10:15
A treaty is always a treaty and if a would be commissioner don't like article 245 all he has to do is just don't accept the well-paid position.
S. Attard
Oct 25th 2012, 11:06
You are completely wrong Mr Fenech. The fundamental rights of the individual are supreme and above all treaties Dictatorship is not supposed to exist in democratic countries and especially in the EU. On the contrary, the EU is there precisely to safeguard them. I don't think that Mr Fenech would be happy finding himself accused by somebody without having the right to defend himself.
Alfred Falzon
Oct 25th 2012, 10:14
Well done to the Attorney General for finalizing his recommendations on OLAF's report in such a short time. I hope the Police will continue on the AG's footstep and not sleep over the report. Justice needs to be done without delay.
mark johnson
Oct 25th 2012, 09:54
I am impressed with how swiftly the Maltese authorities are acting on this.
All eyes are on the police now.
Eddy Privitera
Oct 25th 2012, 09:53
I see this as another threat to John Dalli. That he either remains silent and desist from trying to clear his name , or else...........!!!!!!
Edgar Gatt
Oct 25th 2012, 10:32
It is so reassuring to see PL supporters behind John Dalli after years attacking his integrity and insinuations about many deals including HSBC, Daewoo etc.
Lawrence Attard
Oct 25th 2012, 11:16
@ e gatt - il pl inbiddel habib u qed jaghmel minn kollox biex jerga ikun muviment li jabbracca lill kulljadd fil veru sens tal kelma. Ma tiftakarx x kien issir fis '60s jaqaw u il Malta files? Ma nahsibx li bil fors trid tkun laburist biex tara li Dalli gie trattat hazin. U meta tara minn qed ihamgu bmod sottili fMalta - nies serji jiddefenduh ghax li gara lilu jista isir lilek.nehhi l ghamad
Franco Abela
Oct 25th 2012, 11:28
@Edgar Gatt
And it's so funny to see PN supporters against him after years of praising him!
Anthony Grech
Oct 25th 2012, 12:22
@ Franco Abela...But Mr Dalli is not one of the 'KLIKKA TAL-HAZEN' is he?
Victor Rodenas
Oct 25th 2012, 12:24
Sur Gatt, kemm hu zvinturat Eddy Privitera............Kieku attakka lil Dalli kont tghid,..`qed tara`, dejjem kontra,issa ghaliex zamm mieghu ,....hazin ukoll!
S. Attard
Oct 25th 2012, 09:51
Skont Barroso, il-Kummissjoni tista taghmel li trid u tiehu l-passi li jidhrilha kontra Kummissarju, imma Kummissarju ma jistax jiddefendi l-kaz tieghu. Jekk dan hu hekk, allura r-regolamenti jiksru d-drittijiet fundamentali tal-bniedem, ghax kull individwu ghandu d-dritt li jkun trattat b'[gustizzja u aktar minn hekk, ghandu d-dritt li jiddefendu ruhu. Lanqas fi zmien Hitler! Hallina Barroso!
Eddy Privitera
Oct 25th 2012, 09:48
Shouldn't Barroso first have behaved with dignity instead of with arrogance of dictators when just giving John Dalli 30 minutes to resign ???
A Trapani
Oct 25th 2012, 11:29
Eddy, how come you're defending Dalli ? Is it because he is now a PN rebel or is it because deep down you and the part you support so enthusiastically is still EU sceptic ? So now you're not just calling Gonzi a dictator but even Barroso is one ? ... Please spare us.
Lawrence Zammit
Oct 25th 2012, 11:40
May I ask Mr Privitera, since when are you defending Mr. Dalli's interest.? Not so long ago you were accusing him of all the dealings he was involved in. Oh how time changes men !!! .
Willie Grech
Oct 25th 2012, 11:47
@ A. Trapani. 1
Please note that Euro Sceptics are an integral part of the EU parliament. I cannot understand that by inputting his thoughts, Eddy Privitera or any labour supporter or just a euro sceptic, can be deemed as defending JD. Has it ever occurred to you that JD's fate made still tarnish a whole nation's integrity?
Willie Grech
Oct 25th 2012, 11:48
@ A. Trapani 2.
Does it even occur to you that by inputting something for or against this case, a person may not be labour or nationalist but simply Maltese?
P.S. I had to use two inputs as the number of characters available are too limited.
Anthony Grech
Oct 25th 2012, 12:25
@ A Trapani. Sorry Trapani but Mr. Dalli is not a PN rebel, he is a sacrifice of GonziPN and the 'Klikka tal-hazen'.
Neil Dent
Oct 25th 2012, 13:13
Eddie - If I had the time, or could be bothered, I'd trawl the ToM archives for your anti-Dalli contributions to the 'Letters' pages back in the days when Dalli was Minister, or at least still part of a PN government.
That would make a very interesting comparison to this new found liking for the man that you have suddenly developed.
David Caruana
Oct 25th 2012, 09:42
The people demand complete transparency, at the right time, regarding this issue.
I'm not holding my breath though. The will of the people is rarely considered in Malta.
Henry Mifsud
Oct 25th 2012, 09:35
Well I guess it is a legal battle from now on.
Let us hope that justice will be done and most importantly, be seen to be done.
twanny borg
Oct 25th 2012, 09:23
f'dan il-kaz l-ag haqqu prosit li lesta x-xoghol tieghu fi zmien qasir. tajjeb.
A Trapani
Oct 25th 2012, 11:25
He had to strictl act by EU standards u harigna ta nies.
Please choose the reason of your report below: