Opposition leader Simon Busuttil will not be testifying during the Parliamentary committee hearing on the breach of privilege complaint filed against him by Prime Minister Joseph Muscat.
This was announced this morning by Opposition MP Chris Said, standing in for Dr Busuttil, who told the Privileges Committee that Dr Busuttil declared he had nothing to add to what he already said during previous Parliamentary sittings. Transcripts of those sitting were presented to the committee.
Dr Said insisted this was Dr Busuttil's right, as the person accused of breach of privilege. Dr Busuttil would be presenting several witnesses to substantiate his claims, starting with the head of the EU’s anti-fraud agency Giovanni Kessler – on July 4.
Dr Muscat is claiming that Dr Busuttil committed a breach of privilege when he accused him of political interference in the police investigation into bribery allegations that had forced John Dalli’s resignation as European Commissioner in 2012.
Dr Busuttil had questioned the police’s decision to drop the case against Mr Dalli, laying emphasis on the fact that this had occurred immediately after the change of government and the appointment of Peter Paul Zammit as Police Commissioner. In October Speaker Anġlu Farrugia ruled that, prima facie, there was a breach of privilege.
During today’s committee sitting Dr Said, who is also the general secretary of the Nationalist Party, announced that Dr Busuttil had chosen not to testify.
Government MPs Louis Grech, Carmelo Abela and Deborah Schembri insisted that this went against what had been agreed upon in previous committee sittings when it was agreed that: first the Prime Minister would testify and bring forward any evidence, then the leader of the Opposition would testify and bring evidence.
Mr Grech accused the Opposition of “shifting the goal posts” and Mr Abela said that committee members were being deprived of asking Dr Busuttil to substantiate his claims.
Dr Said insisted that, in the last sitting, the Opposition had said it had to regulate its position and decide whether or not Dr Busuttil would testify. As was his right, he insisted, Dr Busuttil was saying there was nothing to add to previous statements.
“God forbid we get to the stage where someone accused has to testify,” Dr Said said.
Lawyer Pawlu Lia, for the government, questioned whether Dr Busuttil would subject himself to cross-examination.
Dr Said said Dr Busuttil was the person accused, had a right not to testify and would bring evidence to support his case.
“You can not cross examine someone who does not testify,” Dr Said said. He accused the government of trying to send the leader of the Opposition to prison – since those were the potential consequences of such proceedings.
On hearing this, government MPs objected saying it was not the case. They also insisted that the Opposition submit a list of witnesses and their relevance.
The Opposition objected saying this was not done. After a loud argument it was decided that, within a few days, the Opposition would hand over the list of witnesses it had so far but would retain the right to summon others.
The first would be Mr Kessler and others will include former Police Commissioner John Rizzo, Assistant Commissioner Michael Cassar and Inspector Angelo Gafa – all involved in investigating Mr Dalli. Peter Paul Zammit would also be summoned.
The committee will meet again on July 4.