One of the investigators in the John Dalli Olaf case told a parliamentary committee today he believed there would not have been a final conviction if Mr Dalli was arraigned on his own but it would have been another matter had he been arraigned together with Silvio Zammit.
Michael Cassar, who at the time headed the Economic Crime Unit, told Parliament's Privileges Committee this morning that the investigation had been carried out by former Commissioner John Rizzo, assistant commissioner Joe Cachia, himself and Inspector Angelo Gafa.
The committee is considering the breach of privilege complaint brought by the Prime Minister against the Leader of the Opposition.
Dr Muscat had protested after Dr Busuttil claimed that the government had interfered in the John Dalli investigation by the police.
Dr Busuttil had refused to retract his comments, arguing that they were borne out by a series of events.
Mr Cassar told the committee he had been under the impression that former police commissioner John Rizzo had intended to arraign Mr Dalli.
Mr Cassar said that on the day that a decision about how the investigation should proceed was taken he was abroad. On that day it was decided that Silvio Zammit should be arraigned.
The instructions from Mr Rizzo was to arraign people separately starting from Mr Zammit.
By then, Mr Dalli had gone abroad and started sending medical certificates. The investigators continued to follow him as Mr Rizzo wanted to speak to him on other pending issues before arraigning him.
Asked whether it had been decided that Mr Dalli was to be arraigned, Mr Cassar said he was under that impression but he could not say because he was not part of that decision.
Mr Cassar said that he was no longer involved in the arraignment following the arraignment of Mr Zammit.
He said that when the new commissioner was appointed, Peter Paul Zammit did not seem very interested in the issue and he did not speak to him again about the matter.
Earlier, the committee agreed that Speaker Anġlu Farrugia should write to the President of the European Commission requesting authorisation for OLAF director-general Giovanni Kessler to answer any other additional topics not already covered.
The request follows Mr Kessler’s non-appearance in front of the committee because he had “already answered questions by correspondence” on the investigation of Mr Dalli.
Mr Kessler had already agreed to appear before the committee today, but did not.
The opposition insisted it was still adamant on talking to Mr Kessler, in person or by video conference.
Opposition MP Chris Said is to compile a list of additional topics to discuss with Mr Kessler, but the committee unanimously decided not to give him actual questions up front.