‘Evidence Dalli knew what was going on’
Clearly a breach of ethics– Kessler
“Hard evidence” exists to prove that former European Commissioner John Dalli was aware that Silvio Zammit was asking for money in his name, the chief of the EU anti-fraud agency told a restricted closed-doors meeting with group coordinators of the European Parliament’s Budgetary Control Committee.
Although awareness was not a crime in itself, it was clearly a breach of ethics and misconduct, Giovanni Kessler said at the meeting in Strasbourg. According to a source, Mr Kessler gave more details of OLAF’s investigations following a tip-off by the Swedish tobacco company Swedish Match.
Admitting that OLAF had no proof of any criminal offences by Mr Dalli, Mr Kessler stressed it was evident that Mr Dalli had acted against the spirit of the Commissioners’ Code of Conduct and the Framework Convention of Tobacco Control “which Mr Dalli was well aware of”.
“According to this convention, public servants cannot have contacts with the tobacco industry unless they declare it. Mr Dalli met them several times and did not declare it. This is a breach of the convention,” Mr Kessler told MEPs.
Reiterating his declarations made the day after Mr Dalli’s resignation in Brussels, Mr Kessler told MEPs that “unambiguous pieces of evidence” gathered through all legal means permitted in the EU clearly showed that Mr Dalli was aware of what was going on and was well aware that his “old friend” (Silvio Zammit) was asking for money and setting up meetings on his behalf.
“Mr Dalli vehemently denied this with us but we have hard evidence showing this,” Mr Kessler stressed.
Saying Mr Dalli’s resignation was a political decision taken by Commission president José Manuel Barroso on the conclusions of the OLAF investigation, Mr Kessler said his office had no evidence that the former Maltese minister did something illegal or that he pocketed money.
“It is now up to the Maltese authorities to conduct their own investigations and see if Mr Dalli was involved directly.
“Since awareness is not a crime in itself we are not in a position to say that Mr Dalli did anything illegal. However, if it is found that he was behind all this, that is another issue,” Mr Kessler (below) said.
Mr Dalli was forced to resign last week by Mr Barroso following the conclusions of the OLAF investig-ation which found he was “aware of events” concerning a Maltese entrepreneur using his contacts with the former commissioner to try to gain financial advantage in exchange for influence over a possible future legislative proposal on snus – a smokeless tobacco product which is illegal in all EU countries except Sweden.
Mr Dalli has always denied he was aware and has accused the tobacco industry of a conspiracy against him.
According to Swedish Match, the snus company involved in this scandal, Mr Zammit – a former canvasser of Mr Dalli – asked for €60 million in exchange of changes to the EU’s Tobacco Directive.
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Jane Muscat
Oct 28th 2012, 11:52
Is-Snus jista jinbiegh Malta?Ghax qed nara hafna nies uzaw smokeless cigarettes li xorta jaghmlu hsara lis-sahha.
Joe Brincat-LL.D
Oct 27th 2012, 21:26
I am starting to doubt the accuracy of this report. When was an investigating body on fraud entrusted also with breaches of ethics ? Strange to say the least.
edward scicluna
Oct 27th 2012, 20:15
Completely false. I was present for the in camera Budgetary Control committee meeting held in Strasbourg. The statement about " hard evidence" was with respect to the other person and not Dalli. With respect to the Commissioner the word was "no conclusive evidence".
Joe Brincat-LL.D
Oct 29th 2012, 08:33
When my comment was written, I did not have the benefit of seeing yours. Can you kindly confirm whether there was any comment about "breach of ethics" by Dr Kessler ?
Daniel Borg
Oct 27th 2012, 18:46
Min.ihawwad fil borma jkun jaf xfiha... Xort nahdem u nhallas it taxxa ha.nibqa...
Francis Saliba M.D.
Oct 27th 2012, 17:11
Nothing new here. OLAF admit to having no proof other than undiscosed circumstantial evidence and the Dalli declaration that as soon as was made aware of the allegations he sent a letter through his lawyer warning Zammit not to tarnish his reputation. So the slur that Dalli did nothing about it is most probably another lie.
Mario Scicluna
Oct 27th 2012, 15:56
A I said previously, I would initiate an indipendent enquiry, comprising of indipendent investigators and watchdogs commisioned by the Presidents of the European Parliament, to investigate European Commission President José Manuel Barroso's role in this issue, together with OLAF's Giovanni Kessler un/conclusive evidence. Barroso's and Kessler's recent statements are somewhat bizarre..
Anton Agius
Oct 27th 2012, 14:46
i believe OLAF's version
Francis Saliba M.D.
Oct 27th 2012, 17:17
OLAF's version is packed with mystification and such a total lack of transparency that its version is rendered incredible to the uncredulous. There is a unanimous demand for openness and disclosure of the whole facts. OLAF resists stubbornly and undermines its credibility.
G. Bugeja
Oct 27th 2012, 14:41
So now,Kessler, is admitting that no criminal offence exists but breach of ethics and misconduct. What a difference!! And the Maltese Govt. had approved that by nominating a substitute. What if the P.M. follow Kesslers's argument. Almost the whole Cabinet would be fired. Mind you, is Kessler the investigating officer or the Prosecutor of Dalli? I think he has influenced the process.
Francis Saliba M.D.
Oct 27th 2012, 17:22
Kessler is the one who threw the stone and promptly hid his hand behind his back. The European Parliament is insisting that he shows his hand and opens it before them. He refuses stubbornly. Makes you think, doesn't it?
Albert Critien
Oct 27th 2012, 14:37
Well on the one side we our Mr. Dalli assuring Malta Europe and the World that he did no wrong doing on the other we have Olaf and Barroso who in their mixed and confused statements have written a play.
I strongly believe in the steady unwaivering version of Mr. Dalli and you
Joseph E Briffa
Oct 27th 2012, 14:00
@ W Cauchi. Barroso is the President, like a PM amongst ministers. So he has the prerogative to ask for resignations as well as to dismiss. Dalli was well aware of this as indeed he should have been and chose to take the opportunity to resign, not to forfeit the benefits that go with resignation. Dismissal would have meant no benefits and no pension. Dalli was fully aware of OLAF investigation.
william cauchi
Oct 27th 2012, 16:37
So if as you say ''Barroso has the prerogative to ask for resignations as well as to dismiss'' than Barroso can ask somebody to resign or to dismiss on any whim that he can think up. Is this the kind of clarity and openness that we all voted for in joining the EU. If Mr. Dalli came from a heavyweight country such as Germany or France, his own neck would be on line not Mr. Dalli's.
Mr Mario Mifsud
Oct 27th 2012, 13:59
Recent controversy on Dalli case may be abated , if it is better understood what it means to be an EU Commissioner.
Is it a springboard to further one's political career or a break in one's political career to serve the Commission for the good of the communities and interests within the EU.
Malta - EU member for 8 years - should have a ready answer to such a question.
Martin Saliba
Oct 27th 2012, 13:55
Why dont they make public the proof that they say they have ? Allthough i am not a supporter of JD party , if he is still part of it which i doubt , i will never believe what these people are saying . First and foemost JD is a maltes citizen and should be supported untill he is proven guilty.
Francis Attard
Oct 27th 2012, 13:43
I wish to ask something, maybe someone might know the answer.
If the police receive an information of a committed crime from of a copy of a hacked email sent to them and they are fully aware that the email was hacked, would it be legal for them to use it to incriminate someone?
Edward Mallia
Oct 27th 2012, 13:15
We are an impatient lot.OLAF spilt the beans a few days before the Directive was due to be published.
Dalli is pressured to resign verbally we are told that's all that is required, which does not explain the pre-prepared letter. OLAF sends report to our AG (AFTER Timmermans informed the govt. apparently); AG sends to police; police still chewing the cud. Give them a break, gentlemen.
Michael Bonello
Oct 27th 2012, 13:06
Just how in the world can we get real facts if the OLAF investigation was behind closed doors, so all information and evidence was for themselves only, so how on earth can you pass judgment on Mr Dalli and point fingers at him that is Mr Dalli if you keep repeating that what “YOU OLAF” think he did was not illegal is it legal or illegal so how can you call a person for his resignation ???
Ramon Casha
Oct 27th 2012, 12:47
Pics or it didn't happen.
John Dalton
Oct 27th 2012, 12:44
How interesting but not educational it is to read all of the blogs posted by what we used to call "Lower Deck Lawyers" When I was in the Navy,I am so glad that I have not broken the law, I would probably have been Hung Drawn and Quartered by now.Why not let the truth come out as it will do instead of always jumping to conclusions.
twanny borg
Oct 27th 2012, 12:33
“Hard evidence”
imma ma qalx x'inhuma...........
paul camilleri
Oct 27th 2012, 12:03
the plot thickens now its hard facts i say to Kessler what are these hard facts?that Comm Dalli knew by association mr Zammit that does not prove that Comm Dalli was aware of Mr Zammits dealings if in fact there were any to begin with! also we are aware that during one of those meetingsComm Dalli walked out of the meeting indicating that the meeting was over
alfred seguna
Oct 27th 2012, 11:49
Apart from this case I feel that it is not fair and disgraceful that the EU pays those astronomical salaries.One can imagine the salary Mr. Barroso has.There is no comparison.The common worker doesn't earn enough to live decently and at the EU they are paid with these incredible salaries.Then they preach austerity because of the Euro crises.They should start themselves by cutting their salaries .
Charles Grixti
Oct 27th 2012, 18:37
But these people are a cut above the rest, the new aristocracy. The higher up you go on the political levels, the closer to the motherlode you get. Why else would someone abandon their careers to pursue another one in politics?
joseph spiteri
Oct 27th 2012, 11:49
What backing is Mr. Gonzi giving to John Dalli?
Is there by any chance anybody involved in the
investigationios who by any chance had personal interest?
To what lenght has our Gonzi went in discussions with Baroso?
Malta is on her knees, and it up to to Gonzi to revive our reputation.
E. Vassallo
Oct 27th 2012, 14:57
No it is up to dalli to clear his name and not Gonzi. dalli has been forced to resign....and I truly hope that he is innocent because it's not a pretty good situation for Malta at the moment...
A. Cuschieri
Oct 27th 2012, 11:31
Swedish Match tried to be the informers and in the same time involved in the bribery of €60M to lure Mr. John Dalli in not passing the EU legislation against the snus market. Instead OLAF chose to investigate Dalli and not Swedish Match!!!!! Shameful! The report MUST BE PUBLISHED. Clearly in breach of the Fundamental Human Rights by OLAF.
Manuel Mangani
Oct 27th 2012, 11:30
How does ''çircumstantial evidence'' evolve into 'hard evidence" within a week?
paul camilleri
Oct 27th 2012, 13:53
change of spelling very easy especially when one wishes to do a frame up
Joe Calleja
Oct 27th 2012, 11:18
Circumstantial or 'hard' evidence?
Let US the Maltese people, and the world (NOT behind closed doors!) see the OLAF report, and THEN and only then, everyone can decide on its credibilty, reliability and conclusions. Why all this hesitation and secrecy?
Mark Frendo
Oct 27th 2012, 10:52
Shame
Mr J Xerri
Oct 27th 2012, 10:49
"the chief of the EU anti-fraud agency told a restricted closed-doors meeting with group coordinators of the European Parliament’s Budgetary Control Committee." Is OLAF going to investigate who leaked to the press what was said in this restricted closed door meeting? Isn't this a breach of ethics too?
Carmel Ellul
Oct 27th 2012, 10:26
Well John Dalli did not change a word in the directive , we still wait for the directive to go ahead in the time frame expected by the Dalli team.
If not the Tabacco companies would have got what they wanted definitely not through Dalli but through OLAF, because the delay means hundreds of millions to them.
Anthony Scicluna
Oct 27th 2012, 12:12
Mr Ellul, the entire point is unethical behaviour on the part of a Commissioner. How difficult is it to understand?
Joseph Brincat
Oct 27th 2012, 10:25
Mr Kessler gave more details of OLAF’s investigations
in closed-doors meeting , WAY in closed-doors meeting ????
Victor Laiviera
Oct 27th 2012, 10:24
During his first press conference, Kessler referred only to "circumstantial evidence".
Now he is referring to "hard evidence".
Why the shift?
J Martinelli
Oct 27th 2012, 12:58
OLAF handled the investigation poorly and worse, the initial announcement left ambiguity which led many to come to their own conclusions, either way.
Why OLAF, from time to time releases bits of 'hard evidence' which was not given on day one, is an amateurish approach and does nothing for its image and even less for Dalli's insistence that he knew nothing about Zammit's activity.
mark borg
Oct 27th 2012, 10:20
fiex gibtuwa lil malta tal GONZIPN ! sahha qritu pajjiz hawnekk ...imma tiredikolawna mad dinja kollha issa iz zejjed
A Trapani
Oct 27th 2012, 11:26
As you know and as you can see from all the MLP supporters suddenly supporting John Dalli, the problems are not coming from within GonziPN but from ex PN MPs who shifted allegiance from PN (or GonziPN as you refer to it) to the Malta Labour Party
Joseph Portelli
Oct 27th 2012, 11:50
kemm taf tirraguna mark!! taf min irredikolana mad-dinja kollha?? min tant oppona biex malta tkun membru fl-EU u ridt l-isvizzera fil-mediterran, partership, etccccc - wiehed minnhom hu dak li llum jaspira li jkun Prim Ministru! taf min irredikolana mad-dinja kollha mark? min wara r-referendum hareg jghid li rebah il-partnership - wiehed minnhom dak li qed jaspira li jkun Prim Ministru!
paul camilleri
Oct 27th 2012, 11:56
kif dejatni bdin id diska Sur Borg!! fkul kumment dejjemlistes tejd. mela ma tafx biex lahaq Kumisariju tal EU John Dalli irid ikollu approvazjoni tal LP ukol!!!!
J Martinelli
Oct 27th 2012, 13:05
Mela kemm irredikolawtu Malta fi zmien Mintoff meta konna maghrufa bhala 'l-isola tad-dittatur Mintoff'?
Konna nisthu nammettu li ahna Maltin ma nies barranin! Jien ma nafx kemm ghandek zmien, imma milli jidher int wiehed minn dawk li jridu verzjoni tal-istorja Maltija irtukkata skjont ma jaqbel lill Lejburisti.
Int tahdem? Il-paga/pensjoni naqqsitlek? Qed tiggerra mat-triqat bi protesta?
Guido Farrugia
Oct 27th 2012, 14:51
No point in spinning the well known facts A Trapani. Mr. Dalli is an Ex PN Minister, most pobably still a party member, Silvio Zammit Ex Pn Deputy Mayor, probably still a party member, an ex PN Mayor has a court case in session now, Franco Debono is a PN MP and so on and so on. Not to mention others, you know perfectly well who....... problems are not coming from GonziPN tell us. Mur stahba.
william cauchi
Oct 27th 2012, 10:00
If a local council sacks one it's member, it says why and produces proof.
The European Union President sacks a leading Commissioner (equal to our Minister) and nobody can see the proof.
Is this the transparency and justice for all, that we expected in joining the EU. What a disappointment.
Joseph E Briffa
Oct 27th 2012, 11:27
@william...Dalli is not being accused of illegality by OLAF, but of breach of ethics. That's why Dalli's position was deemed untenable by President Barroso. The matter of illegality is up to our legal structures to determine. Any holder of public office is expected to abide by a code of ethics; it's a matter of trust. One cannot break the code and expect to remain in office.
Eddy Privitera
Oct 27th 2012, 12:33
William Cauchi: For those of us who had read FACTS exposed by former EU Heads of departments, there is no surprise in the lack of transparency and how big business manages to control the Commission at times !
william cauchi
Oct 27th 2012, 12:50
And where did you read in detail these accusations from OLAF of ''breach of ethics'', or is it because Mr. Barroso says so?
Paul Caruana
Oct 27th 2012, 09:33
Finally, OLAF is coming clean about the nature of its evidence against John Dalli, and things are getting more specific and clear. It is now up to John Dalli to follow up in the most appropriate manner to clear his name of these serious allegations, or keep his peace.
Victor Laiviera
Oct 27th 2012, 11:37
It is still only words, Mr Caruana - we have not seen a shred of beef yet.
Please choose the reason of your report below: