Witness to testify despite OLAF recommendation to press charges

Magistrate Anthony Vella ruled this afternoon that there was no reason to declare lobbyist Gayle Kimberley as an 'inadmissible witness', after objections were raised by Silvio Zammit, who is charged with bribery and trading in influence.

Gayle Kimberley, a lawyer and once lobbyist for Swedish snus manufacturer Swedish Match, is on the witness stand giving evidence against Silvio Zammit, 48 of Sliema, the middleman who allegedly asked for a €60 million bribe to influence or reverse the EU trading ban on snus tobacco.

Shortly before this afternoon's sitting started, lawyers Edward Gatt and Kris Busietta made a statement and insisted that Gayle Kimberly had to be declared as an inadmissible witness because she was indicated in the OLAF report as having been part of the bribe.

Kimberley had met with a Swedish Match official and Zammit in Sliema when the bribe was allegedly requested.

Gatt said that the OLAF report states a clear recommendation to the Maltese government and to the Attorney General for criminal charges to be filed against Kimberley for alleged bribery and trading in influence.

The objection was countered by Inspector Angelo Gafà, who is leading the prosecution.

Gafà said that the Maltese police did not prosecute on the basis of the OLAF report, but interviewed all the people mentioned in the report.

He added that from their investigations, there was no evidence to prosecute Gayle Kimberley.

While objections continues to be raised by Zammit's lawyers, Magistrate Vella ruled that he was allowing her to take the witness stand.

Snusgate

Gayle Kimberley testified before Magistrate Anthony Vella that Silvio Zammit told her that Dalli was not interested in appointing a member of his Cabinet to receive scientific and technical papers regarding snus.

Zammit - she said - also told her that from then on, Swedish Match had to communicate directly with him, and from then on, if they wanted the ban to be lifted, "it would cost them millions."

According to the witness, Zammit had insted that the whole issue was "just business" and therefore they had to be prepared to pay for what they wanted.

Kimberley said that she reported back to Swedish Match that Silvio Zammit had a "business proposal" for them, and that they should come to Malta to hear it.

Swedish Match director Johan Gabrielsson had in fact travelled to Malta some two days after, and Kimberly took him to Silvio Zammit's restaurant for the meeting.

"Until I took Gabrielsson to meet Zammit I did not mention the millions proposal," Kimberley said, adding that when the meeting started, Zammit repeated his position that should Swedish Match wanted to lift the ban it was going to cost them money.

"He stressed that Dalli was not afraid of taking any decisions," Kimberely said, and it was then that Gabrielsson asked how much money it was going to involved.

Kimberley said that Zammit mentioned €60 million as the price to pay for the lifting of the ban.

Gabrielsson was shocked at the proposal, and asked Silvio Zammit how did he expect to justify a €60 million payment from a small company like Swedish Match, which was also a public listed company.

Gabrielsson did not commit himself. "I was there to listen, and was ordered to stop all communications with Zammit. I referred back to Zammit about Swedish Match decision," Kimberley.