Opposition Leader Simon Busuttil yesterday launched a scathing attack on the Government and called for the Police Commissioner to resign over the latest developments concerning former European Commissioner John Dalli.
“This is a dark week for democracy,” Dr Busuttil said as he accused the Government of manipulating the course of justice by effectively undermining plans for Mr Dalli to face charges in court.
Addressing a press conference, which was attended by all of the Nationalist Party’s top brass, Dr Busuttil reacted to the testimony given by former Police Commissioner John Rizzo on Thursday in the case against Silvio Zammit
Mr Zammit is the only person so far charged in connection with alleged bribery in connection with EU tobacco regulations. The allegations led to the resignation of Mr Dalli from the European Commission in October last year.
A probe by the EU anti-fraud agency, OLAF, had concluded there was circumstantial evidence showing that Mr Dalli knew that Mr Zammit had asked for a bribe to alter EU tobacco legislation and he did nothing about it.
Mr Rizzo said in court that the Malta police had started the investigation afresh and he and his investigative team concluded in December there was sufficient proof to charge Mr Dalli. He also said the Attorney General supported the decision.
Mr Rizzo said he was unable to proceed at the time because Mr Dalli was abroad receiving treatment for a “psycho-social” condition. Mr Dalli returned to Malta shortly after the election.
Dr Busuttil argued it was no coincidence that Mr Dalli, who had been supposedly sick abroad, had returned after four months “on the same day” that the new Police Commissioner was installed.
He pointed out that the investigative team that had worked on the case was removed: former Assistant Commissioner Michael Cassar was appointed head of the Security Service and former Inspector Angelo Gafà followed suit, becoming a Security Service agent.
“Now, we find out that the new Police Commissioner went against the decision of his predecessor and the advice of the Attorney General,” Dr Busuttil said, adding that the only logical conclusion was that there must have been political interference.
“We can no longer say we are living in a normal democracy where law and justice is the same for all. We are living in a country where the course of justice is being manipulated by the Government and allies like [Police Commissioner] Peter Paul Zammit. His position is no longer tenable”
Dr Busuttil called on the Attorney General to clarify his position, saying it was impossible he advised one Police Commissioner in favour of arraignment and his predecessor against.
In comments to Times of Malta, Attorney General Peter Grech said he was bound by confidentiality and could not reveal the discussions he had with Mr Rizzo or Mr Zammit.
However, he argued that under the Maltese legal system, the decision on whether to arraign a suspect on the basis of circumstantial evidence rested with the police.
“Legal advice can assist the police in their decision but some situations always remain open to interpretation. It is the very nature of the law that is open to different interpretations by different people and that often applies also to interpretation of facts,” Dr Grech said. This point was made by Mr Rizzo in his testimony.
When asked why he had treated lawyer Gayle Kimberley – a go-between in the case – as a witness when EU investigators recommended that she should be arraigned, he replied such decisions were subjective and different investigators could come to different conclusions based on the same evidence.
However, Dr Busuttil said good judgement should have told the new Police Commissioner that, in view of such a sensitive case, he should have gone with the advice of his predecessor and the Attorney General and let the courts decide.
“This is not about John Dalli and whether he is guilty or not. This is about whether the course of justice is being best served,” he said, insisting that ultimate political responsibility lay with the Prime Minister, who, he added, had clearly given his blessing to the affair.
“This is a morally corrupt government,” he said, adding that while Labour promised meritocracy and justice, it had undermined both in its first months.
Attempts to contact Mr Zammit yesterday were unsuccessful. However, in a statement last night, he reiterated that currently the police did not have enough evidence to arraign Mr Dalli and ensure he was found guilty beyond reasonable doubt, “which is the level of proof demanded by the law and the Maltese courts” for a conviction.
He said the case was still being investigated and any statement could be prejudicial.
OLAF probing Bahamas trips
The EU anti fraud agency, OLAF, is investigating trips made by ex-European Commissioner John Dalli to the Bahamas in 2012.
A spokeswoman said OLAF investigators were “currently looking into new elements that have emerged in the context of media reports” related to his trips to the tax haven.
The development comes after the International Herald Tribune reported on Thursday that Barry Connor, the Bahamian landlord who first revealed Mr Dalli’s travels, said OLAF investigators had questioned him about the matter.
Times of Malta yesterday contacted Mr Connor, who confirmed that he had been interviewed but would not discuss what sort of questions he was asked. “I don’t feel that would be appropriate,” he said.
Mr Connor had told the International Herald Tribune in June that Mr Dalli had travelled to the Bahamas a few times after July 2012 to “move millions” on the Atlantic Ocean archipelago.
Mr Dalli rejected that he was there to transfer money but admitted to the trips. He said he went there to give voluntary advice to a group of US-based philanthropists who wanted to set up a multi-billion dollar venture fund to help deprived African communities.