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Lawyer's partner leaked investigation information to Silvio Zammit, court hears

Mr Zammit exiting court yesterday. Video: Paul Spiteri Lucas, Wessel de Cock

The investigation into former EU health commissioner John Dalli is still going on, although the police would not say of they plan to arraign the former PN Minister.

Testifying in the compilation of evidence against former Sliema deputy mayor Silvio Zammit, inspector Angelo Gafa asked to be allowed to skip some details from Mr Dalli's statements to the police so as not to hinder the pending investigations.

When he was asked later if he intended charging anyone else, Mr Gafa was uncomfortable naming anyone. Assistant Commissioner Michael Cassar, who was also present at the hearing later said up to now there was no plan to arraign lawyer Gayle Kimberley, a protagonist in the investigations or her boyfriend, Iosif Galea, leaving a question mark open on Mr Dalli.

Mr Zammit, 48, from Sliema, is pleading not guilty to charges of bribery, trading in influence and relapsing. He was investigated by local police following a probe by the EU Anti Fraud Agency, Olaf, which, in October, forced the resignation of Mr Dalli from the European Commission.

The report concluded there was "unambiguous circumstantial evidence" that Mr Dalli knew that a former canvasser of his – later named by the Maltese press as Mr Zammit – had asked tobacco firm Swedish Match for money to lift a ban on Snus -  a form of chewing tobacco that under present EU rules can only be sold in Sweden.

In his testimony, Mr Gafa gave a detailed account of the investigation in which he revealed a connection between all of the protagonists.

He revealed that Dr Kimberley, who was the head of legal services at the Gaming Authority while working as a consultant for Swedish Match, had a connection to Mr Zammit, through her lover Iosif Galea, who also works at the authority.

Mr Galea admitted to the police that he was close to Mr Zammit, he helped him organise his circus events and even kept his books.

The affair became salient to the proceedings because, Mr Gafa testified that there had been an attempt to blackmail Dr Kimberley - who is a main witness in the whole case. Dr Kimberley reported the attempted blackmail herself but did not  give details, when asked by the police.

"We understand that the blackmail was connected to this affair," Mr Gafa testified.

Moreover, Mr Galea admitted that he had alerted Mr Zammit about the Olaf probe, right after Dr Kimberley was interrogated for the first time during a surprise visit by two of the agency's investigators in Portugal, where she was attending an international conference.

Throughout his testimony, Mr Gafa, went through the statements of the Maltese people involved but also of officials from Estoc, Swedish Match and even Olaf, who were interviewed in Brussels late last month.

According to different testimonies,  Mr Zammit twice made a request for money in return for lifting the ban on Snus, once to Swedish Match and another time to the European Smokeless Tobacco Council.

He told the Snus lobby that  Mr Dalli was willing to take risks like he did with the GMO directive.

Moreover, telephone records show that Mr Zammit had called Mr Dalli before and after he asked ESTOC for €10 million to arrange a meeting with him. This was the same meeting in which he suggested that money was required for a change in the tobacco directive.

He said that during the interrogation, Mr Zammit released a declaration to the police in which he claimed that he was acting on behalf of others and that he never implicated people who were not involved in the matter.

However, when the police pointed out that this suggested he was implicating Mr Dalli, Mr Zammit withdrew his declaration.

In his last interrogation before he was arraigned, Mr Zammit made a categorical declaration that Mr Dalli was not involved in the matter.

However, Inspector Gafa testified, that Swedish Match official Johan Gabrielsson said that Mr Zammit left him morally convinced that Mr Dalli was behind the request for money, given the knowledge that the Sliema councillor seemed to have about the process of the Tobacco Directive.

Mr Dalli had been forced to resign by European Commissioner Jose Manuel Barroso. He has always protested his innocence.

Mr Zammit was charged yesterday and he was denied bail.

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C Busuttil

Dec 12th 2012, 17:36

moral conviction ? int taf xi tfisser ?

jien ukoll moralment konvint li hawn Malta hawn hafna nies hatja ta' bosta affarijiet imma bla provi ma jiswa xejn u jista jkun li xbaljat jien. Alla hares il-qrati tad-dinja jimxu fuq moral conviction biss

J Giardina

Dec 12th 2012, 15:53

Finally! Prosit Joseph. How anyone can imagine that Zammit would do all of this, risk trial and jail without knowing that he would AT LEAST have a welcoming ear is just laughable. How did SM know/trust to remain in contact with Zammit of all the 400,000 people on the island?

Giov DeMartino

Dec 12th 2012, 15:51

He shall soon be invited on ONE as happened with Nikky, Cyrus, John Dalli, Woods................

Mr Joe Micallef

Dec 12th 2012, 17:11

Pat Muscat is a typically socialist. First they opportunistically use possible pawns then they turn their back on them.

Tony Mangion

Dec 12th 2012, 17:38

To Demartino - You forgot to mention Dr Franco Debono. Pitty you didn't see him yesterday slashing out true facts and statements related to Gonzipn, on One T.V.

Giov DeMartino

Dec 12th 2012, 17:57

@Mangion: am I to understand that you endorse what I said?

R. Balzan

Dec 12th 2012, 14:22

Didn't know we had a secret police. If they are half as efficient as our gumshoes then we have nothing to worry about.

Saviour Sam Agius

Dec 12th 2012, 16:26

that shows you how secretive our secret police are

Charles Sammut

Dec 12th 2012, 13:21

Don't make us laugh Alex!!!...LOL...LOL...LOL...actually you DID mangae to make me laugh...LOL..LOL..LOL..

J Grima

Dec 12th 2012, 13:36

Of course, cause 10 Million Euros is a standard fee.........

Charles Grixti

Dec 12th 2012, 16:42

Not necessarily, fall guys know the score and they are ample rewarded for it. By the way, this is standard practice overseas too when a high ranking official is exonerated and the 'assistant' gets the blame. I have seen this system in action countless times. We should all be grown up enough by now to figure out the truth.

A Galea

Dec 12th 2012, 12:46

Oh come on Mario!! How dare you criticise Mr. Hilldingson? He is absolutely impartial in this matter, represents a company which has nothing to gain from Dalli losing his job and is employed in a global industry whose conduct has historically been beyond reproach!! I wonder if he kept a straight face during his testimony. WHAT AN ABSOLUTE FARCE!!

Eddy Privitera

Dec 12th 2012, 16:13

Patrrick Hildingson could have been fooled by Silvio Zammit who may have picked up the information about Snus in his friendly discussions with John Dalli. And with this information, could have fooled Swedish Match. time will tell.

Charles Grixti

Dec 12th 2012, 16:45

I think that Swedish Match is outraged at the price quoted and not because of any corruption. If the 'fees' were more reasonable, I think, wink wink, nudge, nudge, it would have been business as usual. Why do you think plum jobs such as commissioners and lobbyists were created? Not for the betterment of mankind that is for sure.

A.Felix Busuttil

Dec 12th 2012, 13:33

Olaf said they have no proof of Dalli being corrupt

Peter Murray

Dec 12th 2012, 14:20

I never enquired about OLAF did I-and, in any event, they were quoted as saying they possessed " unambiguous circumstantial evidence" against Dalli.Why was it that Dalli resigned again?

Franco Attard Trevisan

Dec 12th 2012, 12:09

According to OLAF Dalli's only 'wrongdoing' was simply that he knew about what Silvio Zammit was up to but failed to report the matter. Nothing more.

m. borg (slm)

Dec 12th 2012, 12:35

Mr Trevisan even that has to be proved, can you in all honesty say you know that I know that someone is breaking the law and I am not taking any action?

Who can read peopl's minds?

It is such a silly accusation.

Franco Attard Trevisan

Dec 12th 2012, 13:21

m.borg

I only quoted what Kessner said because Mr Vella ask for it.

I personally don't agree and am rather disgusted by the way they treated our (maltese) commissioner, at least for the time being. i fully agree with you that nobody can read people's minds.

I believe in the 'innocent until proven guilty' reasoning.

J Martinelli

Dec 12th 2012, 13:27

@ Franco AT

The mere fact (if proven) that Dalli 'knew what was going on but not report it' renders his position untenable. Surely OLAF has enough evidence, Even if the evidence is circumstantial, it may be strong enough for the police to prosecute. It is then for the Courts to determine the admissibility of such evidence during the compilation of evidence.

A.Felix Busuttil

Dec 12th 2012, 13:35

We all know that a lot of projects in Malta had a gray shade of suspicious, Power station, arriva, Jerma Hotel, free flights but nobody reported to the police in fact we were told its not true. Il polplu mhux iblah

E. Vassallo

Dec 12th 2012, 14:28

How did Silvio Zammit get all the background information on the Tobacco directive process?

Charles Grixti

Dec 12th 2012, 16:55

@Franco Attard Trevisan

Innocent until proven guilty reasoning is true for any case EXCEPT for public officials when even the hint of wrongdoing should and does see them resign or in the case of EU Commissoners, lose their jobs. It is the only right thing to do since these people no longer hold the public's trust.

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