A Magistrate has ordered the Attorney General to present a copy of the Olaf Report in the John Dalli tobacco directive case in court.
The order was issued at the request of defence lawyers representing Silvio Zammit, the Sliema businessman accused of trading in influence in the case which led to John Dalli's resignation from the European Commission.
Defence lawyers Edward Gatt and Kris Busietta said the report needed to be published because it was being mentioned by every witness. The fact that it had not been presented was prejudicial to the accused and denied the defence vital information about the case. The defence could not carry out cross examinations properly without this report.
It was not a valid reason to argue that the report was not being released because Mr Dalli could be charged.
In response, Inspector Angelo Gafa, prosecuting, said the testimony given in court was based completely on investigations carried out by the Maltese police. Furthermore, cross examinations were based on the testimony made in court.
It was not the practice for a document which was the basis of an investigation to be exhibited as evidence, but rather the findings were. The prosecution was not...
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