[attach id=375056 size="medium" align="left"]Former European commissioner John Dalli. Photo: Darrin Zammit Lupi[/attach]
The police would not have secured a conviction of trading in influence against former European commissioner John Dalli if they had arraigned him on his own, a senior officer said yesterday.
There could have been a better chance of success if Mr Dalli and Silvio Zammit had been arraigned together, Security Services director Michael Cassar told a parliamentary committee.
Mr Zammit, Mr Dalli’s ex-canvasser, is facing charges of bribery and trading in influence over allegations that he asked for €60 million from lobbyists to help lift an EU ban on the smokeless tobacco snus during Mr Dalli’s term as EU health commissioner.
Mr Cassar, who used to head the economic crimes unit, told Parliament’s Privileges Committee that the investigation had been carried out by former police commissioner John Rizzo, Assistant Commissioner Joe Cachia, Inspector Angelo Gafà and himself.
He had been under the impression that Mr Rizzo was intending to arraign Mr Dalli, he said.
On the day that a decision about how the investigation should proceed he was abroad.
It was decided that Mr Zammit should be arraigned. Mr Rizzo’s instructions were to arraign people separately, starting with Mr Zammit, Mr Cassar said.
He had been under the impression that Mr Rizzo was intending to arraign Mr Dalli
By then, Mr Dalli had gone abroad. The investigators continued to follow him as Mr Rizzo wanted to speak to him about other pending issues before arraigning him.
Asked whether it had been decided to arraign Mr Dalli, Mr Cassar said he was under that impression but could not say for sure because he was not part of the decision. He said he had subsequently been kept informed of the progress of the investigation, but since he had not been present when certain decisions were taken, he had not signed Inspector Gafà’s summary of it.
When he read out part of the summary to the committee, Justice Minister Owen Bonnici said if the rest of it included the Attorney General’s professional advice, that part should not be made public, in keeping with a past ruling by Speaker Anġlu Farrugia.
Mr Cassar also said the police commissioner who succeeded Mr Rizzo, Peter Paul Zammit, had shown little interest in the case and he did not speak to him again about the matter.
The committee is considering a breach of privilege complaint brought by Prime Minister Joseph Muscat against Opposition leader Simon Busuttil.
Dr Muscat had objected to Mr Busuttil’s claim that the government had interfered in the police investigation of Mr Dalli.
Dr Busuttil had refused to retract his comments, arguing they were borne out by a series of events.
Yesterday’s committee meeting was also marked by the non-appearance of Giovanni Kessler, the director general of the EU anti-fraud agency OLAF, whose investigations in connection with the alleged bribery had led to Mr Dalli’s forced resignation as EU commissioner.
Mr Kessler informed the committee he had “already answered questions by correspondence”.
The Speaker will now write to the European Commission president to authorise Mr Kessler to answer questions on any other additional topics not already covered.
In a noisy meeting with lots of interruptions from either side, the Opposition insisted it was still adamant on talking to Mr Kessler, in person or by video conference.
Opposition MP Chris Said is to compile a list of additional topics to be discussed with Mr Kessler.