Attorney General, not Prime Minister, should have granted presidential pardon

The Enemalta fuel scandal returned to the top of Labour's agenda this evening with Labour MP Evarist Bartolo and candidate Manuel Mallia hosting a press conference in which they suggested that Austin Gatt may have had Enemalta removed from his responsibility in 2010 over suspicions tied to fuel procurement.

Dubbing it the "biggest scandal since Independence", Bartolo said Prime Minister Lawrence Gonzi had to answer three questions related to the allegations of kickbacks paid for the supply of oil to Enemalta, namely:

• whether Gonzi had met individuals who handed him documentation on allegations of kickbacks;
• whether he asked the police to investigate;
• and whether the removal of Austin Gatt as minister responsible for Enemalta was tied to suspicions related to fuel procurement.

"As minister, Gatt appointed a fuel advisory committee that was bereft of any resources. When the then chairman of Enemalta appointed two graduates for advice on the oil market and currency exchange, the chairman was asked to resign. It's no wonder then that this chairman felt the Enemalta board was simply a proxy for government," Bartolo said, as he repeatedly referred to Austin Gatt as "Minister A.G."

Raising more questions, Bartolo asked whether the terms of reference of the presidential pardon granted to George Farrugia had been the same as agreed by the Cabinet on Friday evening.

Manuel Mallia echoed Bartolo's comments, saying Gonzi was expected to answer for his endorsement of Austin Gatt's own denials in the case.

Gatt has denied meeting met oil trader George Farrugia, an agent for commodities firms Trafigura and Total, to discuss fuel procurement contracts. The denial comes in the wake of emails published by the Sunday Times showing that a Trafigura representative was aware of Farrugia's meeting with a minister dubbed by the appellations of 'A.G.' and 'Aust'.

Initially, Gatt sued MaltaToday for libel for saying that emails it had seen - including the one between Farrugia and the Trafigura rep - proved that such meetings did exist. 

Gatt has also been questioned by police on the allegations, which so far has implicated three owners of the bunkering company Island Bunker Oils, namely Tancred Tabone - formerly an Enemalta chairman - Anthony Cassar, and Francis Portelli. Another man, former MOBC chief and Enemalta consultant Frank Sammut, has been identified as the alleged recipient of 'commissions' from Trafigura. Sammut was employed at Island Bunker Oils after leaving MOBC in 2004.

"Nobody has contested the authenticity of these emails and invoices," Manuel Mallia said in the press conference.

"The police have acquired enough evidence to proceed in court, and it is strange that a pardon was requested at a point where the police already had enough evidence," Mallia said, referring to the presidential pardon for George Farrugia to turn State's witness.

"Politicians should not get involved in these cases. The Attorney General can grant a pardon, but instead Lawrence Gonzi went to the Cabinet to issue the pardon - that means a minister who could be involved would have heard why that person was requesting the pardon and what they know. Politically, the politician should explain what he knows and shoulder his responsibility."