Lawyer Lynn Zahra.

A lawyer insisted in court yesterday that a police inspector had leaked information to columnist Daphne Caruana Galizia although she admitted she could not be 100 per cent certain it was him.

Under oath, police inspector Jason Sultana denied claims by lawyer Lynn Zahra, partner of former Labour minister Joe Grima, that he had leaked a recording to the columnist.

They were testifying during proceedings initiated by Dr Zahra whereby she challenged the Police Commissioner to take action against Mr Sultana.

Dr Zahra referred to a post on Ms Caruana Galizia’s blog on June 16, 2013, where she alleged that someone had recorded Ms Zahra discussing the possibility of filing criminal libel proceedings against her (the columnist). The meeting had taken place at the Sliema police station.

Dr Zahra said that only the inspector and Police Superintendent Raymond D’Anastas were present for the meeting.

Testifying before Magistrate Aaron Bugeja, characterised by snide remarks and bickering with Mr Sultana’s lawyer, Andrew Borg Cardona, Dr Zahra alleged that, during the meeting, Mr Sultana got out his mobile phone from his pocket, answered a call and placed it on the desk to continue the conversation.

It was only afterwards that the penny dropped and I realised that I had been secretly recorded

At the time she did not think the conversation was being recorded without her consent or knowledge and that it would end up leaked to Ms Caruana Galizia.

“It was only afterwards that the penny dropped and I realised that I had been secretly recorded,” Dr Zahra said as she explained that she had gone to speak to the inspector about an issue she had with her neighbour over her dog.

She had also wanted to speak to him about a criminal libel she wanted to file against Ms Caruana Galizia.

Dr Zahra insisted Mr Sultana had committed a crime and would not be happy if he was let off with just disciplinary action. “I don’t know how it ended up in the hands of Ms Caruana Galizia. I cannot say it was Jason [Sultana] but Ms Caruana Galizia exposed him with what she wrote that it was recorded by an iPhone and by an officer. I am not 100 per cent sure if it was him but who else is there to blame?” she said.

But Mr Sultana insisted he had never recorded Dr Zahra and neither passed on any information to the columnist. Since then, he changed his mobile phone and sold it to a woman after performing a factory reset.

Senior Police Inspector Ramon Mercieca said the matter was investigated but there was not enough evidence for action to be taken.

“We are not saying that it could have not happened but there is no evidence to prove it,” he said.

He said Superintendent D’Anastas and Inspector Sultana both denied recording any conversation. “There was nothing to base the case on except Dr Zahra’s allegations. By no stretch of the imagination could a criminal case be proven in court.”

Ms Caruana Galizia also testified in court, denying that Mr Sultana had given her any recording.

The case continues in May.

Police Inspector Sandro Camilleri appeared for the Police Commissioner.