OLAF’s report highlights - the 'unambiguous circumstantial evidence'

When OLAF’s chief, Giovanni Kessler, used the phrase “unambiguous circumstantial evidence” to describe to journalists the outcome of the investigation involving John Dalli, he was making the case that even though the former European Commissioner may have not broken the law, at the very least it pointed to a serious breach of ethics. The charge in the OLAF report is clearly a breach of ethics: “The fact that he met interested parties, lobbyists and economic operators and unofficially discussed with them information covered by obligation of professional secrecy could mean a possible violation of article 245 and article 339 of TFEU (the European Union’s foundation treaty) as well as the code of conduct for the commissioners.” The premise rests on the picture painted by the investigation, which concludes that while there is no conclusive evidence of Mr Dalli’s direct participation or masterminding of the alleged request for money, the overall evidence indicates that he was aware. There are numerous elements underpinning this conclusion: • meetings that have taken place between Mr Dalli and snus lobbyists and the evidence given by Maltese lawyer Gayle Kimberley, who, the report says,...