Court orders Attorney General to produce OLAF report

Magistrate Anthony Vella has ordered the Attorney General and the Police to exhibit the OLAF report pertaining to the investigations which led to the resignation last October of former European Commissioner John Dalli.

Vella delivered his ruling after hearing submissions by defence lawyers Edward Gatt and Kris Busietta, who insited that the Attorney General and the police should present the EU's anti-fraud unit's investigative report, in the proceedings being taken against Silvio Zammit, 48 of Sliema, who is charged with corruption and trading in influence.

Zammit is accused of having solicited a €60 million bribe from Swedish snus producers Swedish Match, in a bid to reverse tobacco legislation that was being spearheaded by former Commissioner for health John Dalli. Dalli was accused by OLAF of having been aware of the bribe but did nothing to report the alleged wrongdoing, leading to his resignation after being asked to step down by Commission president José Barroso.

Zammit's defence lawyers stressed with the court that it was absurd of the prosecution to keep the OLAF report to themselves, causing great prejudice to their case.

The lawyers said it was "more than obvious" that the prosecution was withholding the OLAF report, and added that the possibility that Dalli could be prosecuted over the same matter was no excuse for the report to be withheld.

In replying to the submission, Police Inspector Angelo Gafà said that OLAF officials who investigated and compiled the report would be brought to Malta and present the report themselves.

He stressed that it was never the prosecutors' intention to withhold any documentation related to the case, but stressed that "police investigations are still ongoing, and are currently stalled for reasons beyond our control."

Magistrate Vella commented that while he still needed to know why the prosecution was objecting to have the OLAF report exhibited, when it was just a matter of time for OLAF officials to do it. He later ruled for the report to be presented in the next sitting.

Meanwhile, the case continued with the police producing a number of technical and court appointed experts to give evidence about their findings, related to the investigations on Silvio Zammit.

Witness Gayle Kimberly, who was the Swedish Match lobbyist who met John Dalli and Silvio Zammit, was present in court, but will be testifying on 24 January.