[WATCH] Conjecture on Taliana privacy case undermines protection of sources

Shadow justice minister Jason Azzopardi says data protection report means Peter Paul Zammit should be removed from CHOGM security coordinator

Shadow justice minister Jason Azzopardi outside the CHOGM offices
Shadow justice minister Jason Azzopardi outside the CHOGM offices
Saviour Balzan faces shadow justice minister over police leaks

An inquiry by the data protection commissioner (IDPC) into evidence submitted by MaltaToday in a court defamation case, did not seek comments from either managing editor Saviour Balzan or former commissioner of police Peter Paul Zammit.

The Commissioner of Police was fined €500 after the file of police inspector Elton Taliana was presented in court as evidence by MaltaToday’s managing editor Saviour Balzan, in the newpsaper’s defence on a libel case filed against him by Taliana.

In his investigation, the Data Protection Commissioner concluded that the personal file of Inspector Elton Taliana was divulged in breach of Taliana’s rights, ostensibly when the file was requested by former comissioner for police Peter Paul Zammit.

READ MORE Evidence on police inspector’s shady connections presented in court

The evidence comprises internal investigations by the police into Taliana’s moonlighting as a bouncer, his firearms importation, and of his part in an arson on Balzan’s residence. The evidence, obtained through various sources, included photos of Taliana in the company of known criminals, some of whom were jailed for drugs offences.

But during a press conference held earlier this morning by the PN’s shadow justice minister Jason Azzopardi, Saviour Balzan intervened to state that the IDPC’s report had indirectly surmised that it was Peter Paul Zammit who passed on the report to MaltaToday, without any form of evidence.

The IDPC report says that it was Zammit who requested Taliana’s file sometime between July and August 2013, and that the dossier was not returned to the human resources section until he tendered his resignation in July 2014.

The data protection commissioner concluded that the copies of the minute sheets produced as evidence in March 2015 were a true copy of the original sheets contained in the Taliana dossier.

So the data protection commissioner proceeded to fine the Commissioner of Police as the office responsible for the alleged leak.

On his part, Saviour Balzan has questioned the way in which data protection commissioner Saviour Cachia came down to his conclusion: “The commissioner did not seek a comment from either myself or Zammit, casting a shadow on the way this evidence was obtained, purely by conjecture.”

Balzan asked Azzopardi to comment on the fact that Taliana was promoted from sergeant to inspector shortly before the 2008 election, when was detailed as a security officer for home affairs minister Tonio Borg, and at the very same time that he was being internally investigated.

On his part Azzopardi accused Zammit, today responsible for security for the upcoming Commonwealth Heads of Government Meeting, of having attempted to dirty Taliana’s name during the wrongful arraignment of Daryl Luke Borg, which prompted a police board inquiry.

He also said that Zammit had taken criminal steps against former broadcaster and PN candidate Norman Vella for allegedly taking photos in the immigration section at Malta International Airport; stopping criminal steps being taken against a Zabbar man who assaulted police officers; and for not proceeding on the arraignment of John Dalli on the Dalligate bribery accusations.

“If Joseph Muscat does not remove Zammit immediately, he would be approving this unacceptable behaviour that breaches privacy rights,” Azzopardi said.

In a later reaction, the Labour Party accused the Opposition of “trivial opportunism”.

“The same people who made a meal out of the serious leak of telephone calls from the police operations room [during the Sheehan shooting incident that later cost home affairs minister Manuel Mallia his job], dubbing them as some journalistic find, now are taking umbrage because a journalist has managed to obtain information from a police file.”