Former Police Commissioner Peter Paul Zammit yesterday denied he acted alone when deciding to put the lid on the investigation into John Dalli, arguing that one of the lead investigators adamant on charging the former European Commissioner was being “subjective”.

“He [Inspector Angelo Gafa’] was following his own morals and subjective evaluation. But evidence is not subjective. It is purely objective and there was not enough at that stage to ensure a conviction,” Mr Zammit told Times of Malta.

He was reacting to a session of the House Privileges Committee on Wednesday which heard testimony from Mr Gafa’ on Mr Zammit’s decision not to charge the former PN minister in relation to a bribery investigation.

The Privileges Committee is considering a breach of privilege raised by Prime Minister Joseph Muscat against Opposition Simon Busuttil. Dr Muscat felt aggrieved by Dr Busuttil’s claims that the PM had intervened in police matters in the Dalligate affair.

Mr Dalli was forced to resign as EU Health Commissioner in October 2012 following an investigation by the EU anti-Fraud agency (OLAF) which concluded that he knew his former canvasser Silvio Zammit had asked for a bribe to alter legislation under his portfolio and did nothing about it.

He was following his own morals and subjective evaluation

Mr Dalli has always denied the claim and was never formally charged. His canvasser, on the other hand, was charged with bribery and trading in influence but he too maintains his innocence.

Mr Gafa’ told the committee that unlike former police chief Mr Zammit, he had felt the local investigation had gathered enough evidence to arraign Mr Dalli in court but the two agreed on a compromise position – to wait for the outcome of the case against Silvio Zammit before proceeding against Mr Dalli.

The former Police Commissioner, however, seemed to have abandoned the compromise when he publicly announced that the case had gone cold and not enough evidence existed to charge Mr Dalli, while speaking on television a fortnight later.

Asked about the apparent difference of opinions, Mr Zammit said he was confident in his decision not to charge Mr Dalli, as he had amassed enough experience as both a prosecutor and defence lawyer to recognise when a court would not convict.

“He [Mr Gafa’] was of the belief that there was a case to arraign. I felt in my slightly wider, more experienced background and practice, that it simply wouldn’t carry.

“Yes, finally we compromised, and agreed to wait and see,” Mr Zammit said, arguing that he “always said if new evidence came up we would proceed”.

But Inspector Gafa’ was not alone in the belief that Mr Dalli should be charged. Former Police Commissioner John Rizzo was also of that opinion and while the former Assistant Commissioner Michael Cassar was not so convinced, he felt that the police could obtain a conviction against Mr Dalli had he been charged alongside his former canvasser.

When this was put to Mr Zammit, the former police chief said that Mr Rizzo clearly still had doubts because he wanted to interrogate Mr Dalli one last time before arraigning. This, he said, seemed to support his own belief that not enough evidence had been collected against Mr Dalli.

Mr Rizzo, however, in evidence he gave to the same House committee hearings in July, had clearly stated that he wanted to arraign Mr Dalli. He said the only thing that stopped him was that Mr Dalli was abroad and had presented regular medical certificates saying he was unable to return due to his condition.

Mr Gafa’ also told the committee that the police had been given verbal and written advice by the Attorney General Peter Grech to charge Mr Dalli.

I felt in my more experienced background and practice, that it simply wouldn’t carry

Asked why he had not adhered to his advice, Mr Zammit said the AG had advised that enough evidence existed to get past the first legal hurdle of establishing that a case for prosecution existed.

This, did not mean, however, that the court would convict Mr Dalli. “Ultimately, I am convinced that no jury, properly directed with the evidence we have at the moment, would convict Mr Dalli.”