The EU anti-fraud office report on the John Dalli investigation was exhibited as evidence in the Silvio Zammit case but will remain sealed, accessible only to the prosecution and the defence.

Magistrate Anthony Vella ordered that the report be included in the records of the case after the prosecution twice tried to stop it from getting into the hands of defence counsel because of pending investigations.

Mr Zammit, a former canvasser of Mr Dalli, is charged with soliciting a €60 million bribe to influence tobacco legislation when Mr Dalli was European Health and Consumer Affairs Minister.

Defence lawyers Edward Gatt and Kris Busietta yesterday argued against the prosecution’s request not to attend the sitting, saying that it was wasting time, especially since it was the second such request within a week. Such time wasting, they insisted, was detrimental to their client.

The prosecution, led by Police Inspector Angelo Gafà, had asked for the case to be put off two weeks ago because of another investigation and he made a similar request yesterday.

He had also asked for the report not to be produced as evidence. When the request was turned down, the magistrate was asked to reconsider his decision.

Magistrate Vella pointed out yesterday that he could recall Mr Gafà making it clear in the sitting two weeks ago that he would be unable to attend yesterday’s sitting.

Dr Gatt denied that the prosecution had asked for the case to put off because of other obligations.

Lawyer Philip Galea Farrugia, from the Attorney General’s Office, said that when it came to prosecution, he had always acted in good faith and wanted to make this clear because of what was being reported in the media.

He said that, as soon as the report was ordered to be exhibited, it was.

Magistrate Vella said that both the defence and the prosecution should stop paying attention to what was being reported because they were not on TV.

The case continues.