EU anti-fraud agency OLAF has not been notified that its head, Giovanni Kessler, is expected to give evidence via video conference in the case of Silvio Zammit, who is facing bribery charges related to the Dalligate case.
“To date, OLAF has not received any invitation for Dr Kessler to testify on September 1,” the agency’s press office told Times of Malta.
Dumbfounded, Mr Zammit’s lawyer Edward Gatt said yesterday: “I just cannot understand what is going on.”
OLAF’s statement comes after a spokeswoman for Swedish Match also said they had not been contacted by any Maltese authority in spite of the fact that two of its employees – Rupini Bergstrom and Johan Gabbrielson – are also expected to testify in the case tomorrow.
The prosecution filed a request in court asking for arrangements to be made to have the witnesses testify via video conference.
However, defence lawyers say they were not notified by the court.
Dr Gatt said he and his colleague, Kris Busietta, got to know after they inquired informally with the prosecution asking why the sitting had been brought forward.
It was originally set for October but then rescheduled for tomorrow and Monday.
The police inspector conducting the prosecution informed them that OLAF and Swedish Match witnesses were meant to testify on the dates mentioned.
Mr Zammit is pleading not guilty to charges of trading in influence after being accused of asking for a bribe of €60 million in exchange for the lifting of a ban on snus, a form of smokeless tobacco sold by Swedish Match and which can only be retailed in Sweden.
Former European commissioner John Dalli was forced to resign in October 2012 over the case. Following an investigation by OLAF, Dr Kessler concluded there was circumstantial evidence to show he was aware of Mr Zammit’s alleged bribery dealings.
If Dr Kessler does not testify, it would be the second time that plans for his evidence will have been ditched.
He is meant to testify with Louis Romero, another investigator involved in the original Dalligate probe.
Dr Kessler had already been asked to testify in Malta in June but the summons were sent to him only a few days before the hearing and he could not make it.
The Privileges Committee in Parliament is also hoping to hear his testimony in a case concerning a breach of privilege complaint raised by Prime Minister Joseph Muscat over comments made by Opposition leader Simon Busuttil in relation to Dalligate.
However, instead of giving evidence, Dr Kessler sent a letter in which he accused former police commissioner Peter Paul Zammit of not cooperating with a fresh investigation that OLAF was conducting and that involved Mr Dalli.
When contacted, the police did not comment on the issue and directed any questions about the case to the courts.