Opposition leader Simon Busuttil this afternoon said that claims by John Dalli about him earlier today were “absolutely untrue” and aimed solely at deviating attention from his case.

Earlier, former EU commissioner John Dalli  threatened to institute proceedings for malicious defamation against Dr Busuttil “and all those participating with him in this infamous attack” unless he apologised.

Referring to the proceedings at Parliament’s Privileges Committee yesterday, Mr Dalli accused the media of missing the crux of the evidence given by former assistant police commissioner Michael Cassar.

During the proceedings, Mr Cassar said he believed the police would have had a better chance of securing a conviction of trading in influence against Mr Dalli and his former canvasser Silvio Zammit if they had been arraigned together.

“Mr Cassar stated unequivocally that the evidence the police had against me was circumstantial and would not have led to a conviction.  In his books, he said, you do not arraign people in court when you know that you will not have a conclusion. (I surmise – unless one has ulterior motives to do so – like pressure from one’s political masters),” Mr Dalli said.

He said Mr Cassar said former police commissioner John Rizzo had decided to arraign suspects on their own and Silvio Zammit was arraigned on December 11, a day after he was arrested - December 10 being the date when Lawrence Gonzi lost his government.

Mr Dalli said that former commissioner Peter Paul Zammit, upon taking over the case, found the situation left by Mr Rizzo, which according to Mr Cassar was pure circumstantial evidence that would not have led anywhere.

Mr Rizzo had not concluded his investigation and wanted another interview with him (Mr Dalli).  Mr Zammit conducted this last interview in the presence of investigating inspector Angelo Gafa.

“Aware of this new twist and knowing:

1. how the tobacco industry had planned a strategy to target me using local resources and local media,
2. how the tobacco industry set an objective to “achieve their extreme measure by stealth”,
3. that Dr. Busuttil Simon was in agreement with the Tobacco Lobby on all aspects they were pushing against my directive,
4. how Kessler is refusing repeatedly to face questioning about his actions,
5. from the OLAF report itself how the tobacco industry in fact planned and implemented their targeting strategy,
6. how Kessler collaborated with the tobacco lobby in their entrapment and subsequently in their execution

“It is now time for Dr Busuttil Simon to make an apology," Mr Dalli said.

“I expect this apology.  Otherwise I will have no other alternative but to institute proceedings for malicious defamation against him and all those participating with him in this infamous attack.”

Mr Dalli also said that the contention that a joint arraignment would have given any extra credibility to the position of the police was, according to legal counsel (not Chris Said) a legal non sequitur.

“Mr Cassar made it clear that this was his prima face opinion.  It was Chris Said and David Agius that started to shout that this would have made a difference,” he said.

BUSUTTIL'S REPLY

In his reply, Dr Busuttil said he was publishing the document (see pdf link below) tabled yesterday by Mr Cassar which showed that during a meeting on December 6, 2012, Mr Rizzo, Attorney General Peter Grech, assistant attorney general Donatella Frendo Dimech, former deputy police commissioner John Cachia and Inspector Angelo Gafa had agreed that Mr Dalli should be arraigned in court and charged with trading in influence.

This process, Dr Busuttil siad, stopped when Joseph Muscat became Prime Minister.

Dr Busuttil said that Mr Dalli, the Prime Minister Muscat's consultant, now believed he could threaten him with legal action. He said he had not been afraid of the Prime Minister who tried to shut him up through the Privileges Committee and he not afraid of Mr Dalli either.

Dr Busuttil said it would be better for Mr Dalli to apologise to the people on the second anniversary of the day when he was requested to resign from the European Commission.

DALLI REACTION

Mr Dalli described Dr Busuttil's reaction as pathetic.

He asked why he was being asked to apologise.

Did he have to apologise for being a victim of those who put the interests of the tobacco industry above the health of the European Citizen?

Did he have to apologise for being a victim of those who for local political gain, tried to discredit him for a second time with the local electorate?

Mr Dalli said those who should apologise were the ones who advised witnesses  to continue to repeat their version of a lie.

Those who should apologise were the ones who offered a presidential pardon to a person involved in the case "on condition that he lies about me."

Mr Dalli said he was not impressed by the publication by Dr. Busuttil. "If he thinks I will be fazed by this unethical behaviour, the contrary is true as this document is additional proof of the shenanigans against me that were going on at the time," he said.

He said the Opposition leader was using parliament, and the immunity it gave him, to conduct a dirty character assassination campaign.

"As a lawyer he should know that the points listed in the note he published would never be a basis for a successful arraignment. That note is a clear indication of the political pressure that was being exerted on the people involved at the time the note was written."