The EU anti-fraud watchdog is being investigated by Belgian police over claims it illegally tapped the phones of suspects in the John Dalli snus case.

The Sunday Times of London yesterday reported that Belgian investigators asked the European Commission to lift the diplomatic immunity of officials from the anti-fraud agency OLAF.

The officials had been accused as far back as 2013 of making recordings of phone conversations without judicial authorisation, which is illegal under Belgian law.

The crucial call was made by Inge Delfosse, a tobacco lobbyist, to Silvio Zammit, Mr Dalli’s former canvasser, from OLAF’s headquarters. This recorded phone call was instigated by OLAF, a day before the agency’s chief, Giovanni Kessler, came to Malta to interrogate Mr Zammit in July 2012.

Citing from a report by OLAF’s supervisory committee, the newspaper said the conversation was recorded without Mr Zammit’s knowledge and this constituted “unjustified interference with the right to the respect for private life”.

The Sunday Times said Dr Kessler could be held personally responsible if it emerges that he ordered the phone tapping.

Details of what has been described as an unprecedented action emerged after the supervisory committee accused OLAF, the Brussels-based body, of lack of accountability and transparency.

Lifting of diplomatic immunity is necessary for the Belgian police to investigate and possibly prosecute the officials under the country’s law.

The alleged recordings were made in connection with an investigation into former European Health Commissioner John Dalli, who was sacked after OLAF accused him of soliciting bribes to change EU legislation.

Mr Dalli sued OLAF for defamation and the European Commission for illegal dismissal. The verdict of the EU’s top court on the dismissal is expected tomorrow.

OLAF has denied using phone taps, although it conceded that some calls had been “recorded” without the knowledge of all participants.

OLAF has denied using phone taps, although it concedes that some calls had been ‘recorded’ without the knowledge of all participants

An OLAF spokesman speaking to The Sunday Times described the supervisory committee’s analysis of its activities as “erroneous” and said the critical remarks were “largely unfounded”.

The London newspaper quoted Tuomas Poysti, the chairman of OLAF’s supervisory committee, saying: “Our legal analysis is clear: such phone tapping is illegal.”

When contacted Mr Dalli said it was news to him that the Belgian police had asked for diplomatic immunity to be lifted for OLAF officials.

“It vindicates what I have been saying all along that OLAF conducted an illegal investigation and the report against me was one big fraud,” he said.

Mr Dalli said the recorded phone call at OLAF headquarters was entrapment and Dr Kessler never reproduced a transcript of that conversation.

Mr Dalli was forced to resign in 2012 after an OLAF investigation found that Mr Zammit asked for a €60 million bribe from Swedish Match, a Swedish tobacco company, to scrap an EU-wide ban on snus, an oral form of tobacco.

Police in Malta have charged Mr Zammit with trading in influence and asking for a bribe but have so far failed to find evidence of Mr Dalli’s involvement in any wrongdoing.

The recording that has put OLAF in hot water should not be confused with another phone recording made by Ms Delfosse in March 2012, before OLAF got involved, in which Mr Zammit was heard telling her that a meeting between his and her bosses would cost €10 million as a first instalment. Mr Dalli was never mentioned during the conversation.

kurt.sansone@timesofmalta.com

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