Former government internal audit unit head Rita Schembri could not recall a heated argument between OLAF’s Giovanni Kessler and Silvio Zammit despite her subordinate referring to it.

Ms Schembri was testifying in the case against Mr Zammit, 48, from Sliema, who is pleading not guilty to charges of bribery and trading in influence in connection with a review of EU tobacco laws when John Dalli, a friend of his, served as European Health Commissioner and Consumer Affairs Commissioner.

Mr Zammit was arraigned following an investigation by OLAF, the EU anti-fraud agency, which had forced Mr Dalli’s resignation after it concluded that he was likely to have been aware that Mr Zammit had allegedly asked for a €60 million bribe to help alter a planned tobacco directive.

It was alleged that the idea was to press for the lifting of a Europe-wide ban on snus – a form of orally-consumed tobacco – that can only be sold in Sweden under EU rules.

Defence lawyer Edward Gatt asked Ms Schembri whether she could recall an argument when Mr Zammit, citing medical reasons, tried to leave the office where he was being interrogated by Mr Kessler. The lawyer said his client had been physically prevented from leaving the office by Mr Kessler and it was Ms Schembri who had to intervene to calm the men down.

She said she could not remember the incident and Dr Gatt noted that her subordinate, Mario Debono, who had also been present for the interrogation, had recollections of the argument, yet she did not.

His client had been physically prevented from leaving the office by Mr Kessler

When Mr Debono testified earlier, he said that Mr Kessler, whom he described as being “pompous”, repeatedly called Mr Zammit a liar. Ms Schembri said that “could have happened”.

She said Mr Kessler had arrived in Malta on July 4, 2012 and left the following day, interviewing Mr Zammit on both days. Her department had a cooperation agreement with OLAF whereby her office would give assistance to the EU agency when its representatives were on the island.

OLAF officials wanted to meet Mr Zammit and so went to his restaurant in Sliema. That same afternoon, they interrogated him and had to stop after five hours of questioning because he needed to take medication. They continued the following day when the argument allegedly took place.

Mr Debono testified that, during the interrogation, Mr Kessler had claimed he had a recorded telephone conversation that incriminated Mr Zammit in relation to the alleged bribe request. However, when Mr Zammit challenged him to play it, Mr Kessler did not and continued with the questioning.

The case continues.