Gayle Kimberley, the Maltese lawyer and former representative of Swedish Match, the manufacturers of the smokeless tobacco which is banned across Europe. Photo: Darrin Zammit Lupi

Defence lawyers of Sliema restaurateur Silvio Zammit yesterday pressed the police’s witness Gayle Kimberley on whether she was the one who came up with the €60 million figure at the heart of the Dalligate scandal.

Dr Kimberley denied it categorically, but lawyer Edward Gatt insisted on the point, reminding the young lawyer that she was testifying under oath.

He then went back to a note that Dr Kimberley had prepared for Mr Zammit with a series of questions for the former European Commissioner John Dalli and asked why she had written down that Swedish Match made a turnover of €500 million, half of which was profit.

She said that the figure was suggested by Swedish Match, adding that the intention was to relay the message to Mr Dalli that the company was actually a modest trader in the tobacco industry.

‘I canvassed for Zammit’

However, at this point, Dr Gatt and his colleague Kris Busietta pressed further saying that she had mentioned that figure because she was later going to ask for €50 million to lift the ban through her contacts with Mr Dalli. She later suggested changing it to €60 million “so it would not be a round figure”, according to the lawyer.

She had written down that Swedish Match made a turnover of €500 million

Dr Kimberley also rejected this but the lawyer again reminded her that she was testifying under oath, adding that she had plans to use the money to set up a lobbying office in Brussels and buy property in Sliema with her former lover Iosif Galea.

Dr Kimberley also denied this.

Shortly after this, Dr Gatt stopped the cross-examination, saying he would continue at a later date because he needed time to review a lot of material which the defence was analysing, suggesting that they had material which was not available to the police or OLAF.

Earlier, in fact, Dr Gatt pointed out that Dr Kimberley sent most of her e-mails through her phone. Nonetheless, when asked she said that neither OLAF nor the police had seized her phone, despite seizing her work and home computers.

Dr Kimberley was testifying in the case against Mr Zammit, 48, who is pleading not guilty to charges of trading in influence and bribery. So far he is the only person charged in connection with the scandal, which broke in October when the EU Anti Fraud Agency (OLAF) concluded that Mr Dalli was likely to be aware that Mr Zammit had asked for a €60 million bribe to help alter the new tobacco directive to allow the sale of snus throughout the EU.

Mr Dalli has consistently denied any wrongdoing.

The development comes after the publication of an OLAF report which suggested in its conclusions that Dr Kimberley should be arraigned and also indicated that she might have played a duplicitous role with Swedish Match, whom she was meant to represent in meetings with Mr Dalli.

During the cross-examination it also emerged that Dr Kimberley had canvassed for Mr Zammit during the 2012 local council election in Sliema. The detail emerged when Dr Gatt was questioning the witness about her connection to Mr Zammit.

Dr Gatt asked if it was correct to say that she knew Mr Zammit well and had even canvassed for him during the election and she replied yes.

At the end of the hearing, when Dr Gatt informed the court that he was going to stop the questioning and reserve it for the next sitting, there was a moment of disagreement.

Dr Kimberly said that she was not going to be available for the next three months, seeing as she was due to give birth. Dr Gatt said that it was not a problem even if the sitting were held in a few months’ time.

Magistrate Anthony Vella, however, queried this arguing that he could not allow the defence team to cross examine Dr Kimberley every few months to verify facts.

In the end, however, he accepted that the defence would have the opportunity to cross examine Dr Kimberley at a later date.

The case continues.