An anticipated court sitting in connection with the Dalligate case, which should have heard evidence from Giovanni Kessler, the head of the EU anti-fraud agency (OLAF), was cancelled at the last minute.
Mr Kessler was meant to be heard yesterday via video conference but the sitting was cancelled a few minutes before it was due to start. The defence lawyers and the accused were already in court, while the prosecuting officer was on his way.
Former European Commissioner John Dalli was forced to step down in October 2012 after OLAF concluded that he was aware his former canvasser Silvio Zammit had asked Swedish Match for a €60 million bribe to help lift a ban on snus, a type of tobacco consumed orally, which can only be sold in Sweden.
Kris Busietta, the lawyer of Mr Zammit, the only person charged in relation with the case, said a technical problem was cited as the reason for the cancellation.
Now it seems that everything is falling flat and you start asking yourself, why?
However, Times of Malta reported on Thursday that both OLAF and Swedish Match, whose officials were also meant to testify, said they had not been notified of the sittings.
“This is unacceptable,” Dr Busietta said. “It appears that this postponement was predictable and yet we were only told this morning (yesterday) it was postponed.”
He argued that the prosecution had been very aggressive at the beginning of the case, even when it came to having his client’s bail denied.
“Now it seems that everything is falling flat and you start asking yourself, why?” he said.
Dr Kessler was expected to give evidence alongside Louis Romero another OLAF investigator who worked on the case.
Summons were also meant to have been issued for Rupini Bergstrom and Johan Gabrielson from Swedish Match as well as Inge Delfosse, secretary general of the European Smokeless Tobacco Lobby. These last three were expected to give evidence on Monday.
The defence has long been complaining of delays in the case, which started in December 2012.
This is the second time that plans for Mr Kessler to testify were derailed. He was issued summons in June but they were sent to OLAF only a few days before the hearing.
Questioned about the fact that the witnesses all said they had been notified, the police referred the matter to the courts.
Attempts to contact the presiding Magistrate Anthony Vella proved unsuccessful.