Former Police Inspector Angelo Gafa’ said today that the Police had been given verbal and written advice by Attorney General Peter Grech to charge former Minister John Dalli in court in connection with the OLAF investigation.
Mr Gafa was speaking before the parliamentary Privileges Committee which is considering a complaint by the prime minister against Opposition leader Simon Busuttil.
Dr Muscat complained after Dr Busuttil refused to withdraw his claim that the government had interfered in police work so that Mr Dalli would not be charged.
Mr Gafa' said that the Attorney general had written to the Police Commissioner on January 11, 2013 telling him to issue criminal charges against Mr Dalli. The same advice had been given verbally by the Attorney General in December 2012 when he had agreed to the Police conclusions regarding the investigations which led to criminal proceedings against Silvio Zammit (Mr Dalli's former canvasser), who stands charged with trading in influence.
Mr Gafa said that when the police called to arrest Mr Dalli, they had found that he was abroad and medical certificates were regularly sent to the Police authorities.
Mr Dalli was interviewed by the Belgian police on March 20 and so the Police in Malta felt that an international arrest warrant could be issued so that Mr Dalli could be brought to Malta and be questioned by the Police.
Mr Gafa’ said that the police had sent for Mr Dalli in May of that year adding that new Police Commissioner Peter Paul Zammit eventually spoke to Mr Dalli on May 21, 2013 and was not cautioned beforehand.
Mr Gafa’ said that he felt that this was an interview and not an interrogation. A recording of the interview had been given also to Mr Dalli, while two others were in the possession of the Police authorities. He said that nothing new and emerged from this interview, adding that the questions made were of a general nature.
He said that he had minuted in the Police file that he had agreed to a compromise with Commissioner Zammit that a decision on criminal proceedings against John Dalli would be taken after and according to how criminal proceedings against Silvio Zammit were concluded.
Mr Gafa’ also testified that he handed over the case to Inspector Jonathan Ferris on June 7, 2013. He said that a day after, the Police Commissioner had declared in the TV programme Dissett that the case against John Dalli was considered as closed.
He said that he had not been consulted on this and came to know of this decision from the media.
Mr Gafa’ also said that, he did not attend any meeting between the Police Commissioner Zammit and the Attorney General if any was held.
Earlier in the sitting Inspector Gafa’ said that Inge del Fosse had recorded a telephone call to Silvio Zammit in 2012 when the Olaf investigation was underway. He also said that Mr Dalli had known of the Olaf investigation at least since 6th July 2012 and that on the 17th June 2012, Silvio Zammit had phoned Mr Dalli ten minutes before phoning lawyer Kimberley Gayle who was being interviewed by OLAF on the case when she was in Portugal. Kimberley’s partner Josef Galea had provided information about this investigation to Silvio Zammit.
An argument arose between government and opposition committee members as regards the interpretation of the professional secrecy between lawyer and client.
Chris Said for the opposition claimed that in a criminal case the Police and the government was the same client. This was therefore different in the advice provided by the Attorney General to the government in a civil case. Minister Edward Zammit Lewis disagreed and said that the issue of professional secrecy applied also in cases of a criminal nature.
Attorney general Dr Peter Grech and the Assistant Attorney General Dr Donatella Frendo Dimech are to appear before the Privileges Committee on February 11.
Minister for Energy and Health Dr Konrad Mizzi is also to appear before the Committee on a breach of privilege in the same sitting if no new developments in the matter occur.