A lawyer told a court today that she could not be 100 per cent certain a police inspector had leaked information to columnist Daphne Caruana Galizia, although she said there was no one else to blame as she was alone with him in the room at the time when they were discussing a possible court case.

The police inspector, Jason Sultana, under oath denied claims by lawyer Lynn Zahra that he had leaked a recording to Ms Caruana Galizia.

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

Dr Zahra referred to a post on Caruana Galizia’s blog on June 16, 2013, where she alleged that someone had recorded  Dr Zahra's discussion with the inspector about 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 Dr Zahra alleged that during the meeting, Mr Sultana got out his mobile from his pocket, answered a phone call and then placed it on the desk to continue the conversation.

At the time she did not think that the conversation was being recorded without her consent or knowledge and 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 him about an issue she had with her neighbour over her dog.

“We were alone upstairs. I was relaxed because I used to trust him. Had I realised there and then that I was being recorded, I wouldn’t have been allowed out of the police station [as I would have been arrested],” she said, adding that what the columnist wrote was all correct.

Mr Sultana insisted he had never recorded Dr Zahra and neither passed on any information to the columnist. Since then, he changed his mobile 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.