The Attorney General appeared before the parliamentary Privileges Committee this afternoon but was unable to reply to questions on his role in the investigations involving former EU Commissioner John Dalli after the government refused to release him from professional secrecy obligations.

The government's objections drew an angry reaction from Nationalist MP Chris Said, who said the government should lift professional secrecy conditions if it had nothing to hide.

But Deputy Prime Minister Louis Grech said that having the Attorney General testify before the committee would set a precedent and hinder future cases in which he may be required to give advice to the government, since he could then expect to be summoned by parliament.

The Privileges Committee is considering a case instituted by the Prime Minister against the Leader of the Opposition.

Dr Muscat complained after Dr Busuttil said the government had interfered to stop police investigations involving John Dalli. 

Follow the proceedings on video below.

Text report is underneath.

At the beginning of the sitting, Dr Grech said that in terms of the law and the code of ethics, he was bound by professional secrecy and could not comment specifically about the case unless his client (the government) released him from this condition.

Deputy Prime Minister Louis Grech said the government had already warned that asking the AG to give evidence would cause problems and set a precedent.

The Speaker said he would decide on the basis of the questions he was asked.

Dr Chris Said (PN) asked Dr Grech about his role.

Tourism Minister Edward Zammit Lewis said the AG’s role was specified by the law.

Dr Said said the AG had two roles, civil and criminal. In the case of criminal cases, the AG worked with the police on prosecuting cases.

Dr Grech said that in criminal proceedings, his role started when the case went to court and a bill of indictment was issued. It was then that he became prosecutor. If he was asked by the police to give advice on an investigation, he did so as a lawyer, not a prosecutor. It was as prosecutor that he was not subject to the control of any other authority.

Dr Said said he could not understand the government’s fear about the AG giving testimony. If it had nothing to fear, they should authorise him to give evidence. At this stage the AG was asked to retire.

Dr Said said he intended to initially start by asking Dr Grech on the Olaf investigation and how the case landed on his desk.

Dr Grech said the government was objecting as such things would hinder the AG from, in future, giving advice to the government because he may later need to explain before the committee.

When Dr Grech returned, the Speaker said the government was not releasing him from professional secrecy.

Dr Said said he was asking Mr Grech if he had asked Dr Grech (the AG) for advice on this case. If he had not done so, there was nothing to release him from.

The Speaker said questions could be put to the Attorney General and then he could opt not to answer and explain why.

Dr Said then asked the Attorney General whether Olaf, the EU anti-fraud office, sought information from his office before publishing its report about John Dalli.

Dr Grech said no information was sought until two officials turned up on 19 October 2012 and handed him the Olaf report.

Asked why the report was presented to him and not to the government or the police, Dr Grech said it might be that they thought that the AG had a role similar to the prosecutor general in the continental system. He then read the report and on October 22 sent it to the Commissioner of Police for investigation. 

Dr Said asked Dr Grech to publish his letter to the Police Commissioner.

Dr Grech requested a ruling on whether he should publish the letter since this was an internal communication. The Speaker said he would decide.
Dr Said asked if the internal audit department was involved in the Olaf investigations.

Dr Grech said that as far as he knew, they were involved in some investigations.

Dr Said asked Dr Grech when he became involved in the case after sending his letter to the Police Commissioner.

Dr Grech said matters were now approaching professional secrecy. He said advice had been sought from the Police Commissioner. The police, he said, acted independently of the government and he may need clearance from both to give further evidence.

Dr Said asked why the government’s clearance was needed on a criminal issue. Was the AG subject to a minister?

Dr Grech said he was basing himself on an earlier ruling by the Speaker.

Dr Said said he wanted to summon the former police commissioners about this case because the media had reported that the AG had given conflicting advice.

Dr Grech was then asked to retire and the committee did not question the deputy AG, Donatella Frendo Dimech, for the same reasons, pending a ruling by the Speaker on whether it should be the government or the police who would need to authorise the AG to reply.