(Adds Mr Dalli's statement, denials by Olaf and Lawrence Gonzi)

Giovanni Kessler, director-general of Olaf, the EU anti-fraud agency, has written to Speaker Anglu Farrugia saying, among other things, that on three occasions Olaf asked Police Commissioner Peter Paul Zammit to collaborate on a new Olaf investigation concerning John Dalli but it had not received any replies.

Dr Kessler also claimed that on June 19, 2014 a source informed him that during a meeting which took place on the same day in Brussels, Mr Dalli asked the source to convey the message for him not to go to Malta because he might be arrested.

But in a counter-statement, Mr Dalli said he wanted to confront Dr Kessler in Malta and would not have warned him not to come. He published a letter he had sent the Speaker last month asking to be allowed to confront Dr Kessler when he testified in Malta.

"When I was in Brussels on the 19th June to meet my lawyers, I also met some journalists. I gave my opinion that with the evidence that is now coming out, Kessler might be in trouble. One of the journalist met me again later and told me that he had given Kessler this information and that Kessler told him that 'they must have the tapes of the interviews with Gayle Kimberly and his conversations with the then Prime Minister of Malta.'".

Mr Dalli said that the problems Dr Kessler had was the massive legal and procedural infringements now documented and the continued refusal to make public further information that will throw more light on his actions.

"The fact is that over the last 18 months, Kessler has refused to answer questions put to him by the European Parliament, NGO’s and the ombudsman on the excuse that there is a case pending in Malta.

"Now he is refusing to come to testify in the same case, first under the flimsy excuse that he was not advised with enough prior notice, and then as an afterthought, that he is afraid that he will be arrested.

"The fact is that Kessler is afraid to answer questions. Probably he was informed about my letter from his usual contacts and was afraid to face the issues and to table the documents I requested," Mr Dalli said.

Dr Kessler wrote to the Speaker after he was invited to attend a meeting of the House Privileges Committee, which is hearing a case instituted by the prime minister against Opposition leader Simon Busuttil. Dr Muscat had complained after Dr Busuttil claimed there was political interference in the police investigation of the John Dalli case.

Dr Kessler gave Dr Farrugia a chronological recollection of facts regarding the John Dalli investigation by Olaf.

"Olaf's investigation provided evidence that Commissioner Dalli held private, irregular, meetings in Malta with representatives of the tobacco industry concerning the EU legislation on tobacco (in August 2010 and in January 2012). These meetings took place with the involvement of Mr Silvio Zammit, a Maltese restaurant owner close to the Commissioner," Dr Kessler wrote.

He said that Olaf had demonstrated that after those meetings, Mr Zammit requested a bribe from Swedish Match in order to influence the EU legislative process on the review of the Tobacco Products Directive, using the name of the Commissioner and benefiting from the privileged position given to him. Mr Dalli remained in contact with Mr Zammit at critical moments of the illicit negotiation carried out by the latter.

On October 19,2012 Olaf handed its final report to the Maltese Attorney General for his consideration of further investigation and or prosecution as appropriate.

On November 28,2012 then Police Commissioner John Rizzo  and two Maltese investigators, (Inspectors) Cassar and Gafa travelled to Olaf and met its investigators.

On December 11,2012 Mr Zammit was charged with bribery and trading in influence.

Dr Kessler said that some days later, Police Commissioner Rizzo phoned him to say he intended to seek the indictment of Mr Dalli in the framework of the same investigation. "However, in line with Maltese law, such an indictment could only occur in the presence of the person to be arraigned. Since Mr Dalli was not present in Malta at the time, his indictment had to wait for his return."

"Later on, I learnt that after the Maltese legislative elections, and a few days after the return of Mr Dalli to Malta, the Prime Minister of Malta replaced Mr Rizzo with Mr Peter Paul Zammit as new Commissioner of Police on 12th April 2013. I also learnt that the two investigators Mr Cassar and Mr Gafa, which had participated in the investigations initiated by the Maltese police, had been replaced.

"On 7th June, 2013, Mr Peter Paul Zammit appeared on television and announced that there was not sufficient evidence to pursue criminal charges against Mr Dalli. His statement led the media and the political circles, both in Malta and in Brussels, to believe that the case against Mr Dalli had been dismissed.

"On 17th June 2013 and again on 5th July 2013 I wrote to Mr Zammit enquiring about the status of the Maltese investigation. Eventually on 7th August, Mr Zammit replied that the investigation had not been closed," Dr Kessler said.

"On three separate occasions (on 22nd October 2013, 31st March 2014 and 6th May 2014) Olaf requested Mr Peter Paul Zammit to collaborate on a new Olaf investigation concerning Mr Dalli. To this date, and despite the reminders, Olaf has not received any answer by Mr Zammit, although Malta is required by law to cooperate and supply the information required by Olaf.

"On 19th June 2014, a source known to me informed me that during a meeting which took place on the same day in Brussels, Mr Dalli asked him to convey to me the message not to go to Malta, because I might be arrested there."

Dr Kessler said he remained available to cooperate with the Privileges Committee, even by appearing before it at one of its next hearings.

LAWRENCE GONZI DENIAL

Meanwhile, former Prime Minister Lawrence Gonzi in reaction to Mr Dalli's statement said he had never had any conversations or any form of contact whether direct or indirect with Dr Kessler, about any subject or topic whatsoever before, during and after his tenure as Prime Minister of Malta.

OLAF DENIAL

Meanwhile, the Olaf press office said Dr Kessler has never had any contact with Dr Gonzi, they have never met nor discussed any matter.

Dr Kessler was also not aware of the alleged tapes and conversations that Mr Dalli was referring to. He had therefore never mentioned such issues to any journalist. "The quote attributed to him is entirely false," the Press Office said.

See Dr Kessler's and Mr Dalli's letters in full in the pdf links below. 

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