“When Dalli returned to Malta, the government sacked the chief of police and the new police chief said he had no case against Dalli.” – European Commission investigator Giovanni Kessler, in an interview four weeks ago

Published: November 25, 2013 at 2:33pm

Giovanni Kessler

European Commission (OLAF) investigator Giovanni Kessler, who handled the investigation into John Dalli’s dealings, interviewed by the Croatian journal Business, on 31 October (in translation):

BUSINESS: What are our comments on the Dalli case? After you investigated him on suspicion of corruption, European Commissioner John Dalli resigned, but his political allies attacked you through the European Parliament. Why have you reacted so strongly to their pressure?

GIOVANNI KESSLER: “It is OLAF’s duty to investigate, and that is what we did. We send our final report results to the relevant institutions – in this case, the president of the European Commission and the Attorney-General in Malta.

“The President of the Commission confronted Mr. Dalli and he resigned. The Maltese have charged one person who is on trial. Just two weeks ago, the former Maltese police chief said that he would have prosecuted Dalli but couldn’t do so because he was away from Malta with a note from his doctor. They could not bring charges against him because he was not physically present.

“When Dalli returned to Malta, the government sacked the chief of police and the new police chief said he had no case against Dalli.

“Political interference in judicial matters is dangerous and causes damage. In this case, it happened. Some members of the European Parliament got involved in the case and made presentations to the courts. We say, let the judgment of the court take place. It is not up to us, but to the national courts.

“Had OLAF done something wrong, we would be answerable to the European Court of Justice. Dalli has no case against OLAF, but he argues that he was forced to resign. So okay, let’s turn to the European Court of Justice.

“It’s not up to politicians to decide who is right or wrong. When politics and factionalism become involved, wrong-doers escape justice.

“So I stood up and said: “We are responsible to the courts.” There are other mechanisms, ombudsmen. They would have punished us if we were wrong, but they did not. We are not politically accountable for the results of their investigations.

“OLAF investigates independently and then reports the results of its investigations. Some lawmakers did not know – it was a revelation to them – that there is an independent body which has the right and duty to investigate even politicians. We investigate even European Commission employees where necessary, and the EU has tens of thousands, from the lowest to the highest level, whether it is a secretary, a member of the Commmission or an MEP.

“We do not allow ourselves to be influenced politically. Imagine what would happen if the investigation changed when the politicians or the political situation does. It would be the end of justice.

This case showed Europe, member states and European institutions, that we take our independence very seriously. In Italy we say, “first clean up outside your door”. I think this is a good example. When you detect an attempt to contaminate the investigation process, report it and don’t cover it up, investigate it and pass on your conclusions to the appropriate authority. I think that the European institutions have shown how seriously they take these matters.”




17 Comments Comment

  1. Bubu says:

    Another blow for Malta’s credibility.

    • Bubu says:

      That should have been “another blow TO Malta’s credibility”.

      Apparently multitasking is not a male speciality.

      • Peritocracy says:

        From where I’m standing, I can clearly see that Malta’s credibility had been hacked off and is just hanging on by the last shred of skin.

        Lest anyone accuse me of being negative, let me just add that if the right five people recognised the situation for what it is and got fed up and disgusted enough to find in themselves the courage do the unthinkable thing that one person did in 1998, our credibility could possibly be reattached in months and then slowly start to heal.

        An already unlikely thing is five times as unlikely to happen. It’s the slimmest of chances.

        But it is possible.

        Hope springs eternal.

  2. observer says:

    ‘Political interference In judicial matters is dangerous and causes damage. In this case, it happened’

    Unless I am grossly mistaken, the Leader of the Opposition has been dragged in front of a House Committee for an alleged breach of privilege when hinting at pretty much the same thing.

    • La Redoute says:

      They don’t have jurisdiction over OLAF’s investigators. If they did, they’d have hauled Kessler over the coals.

  3. Macduff says:

    So much ado about the Dalli report and we still can’t read it for ourselves. Have they published it or not?

    • ciccio says:

      I think it must be John Dalli himself who should publish it. The government keeps distancing itself from the report, saying that the views expressed in it are those of John Dalli.

  4. Foggy says:

    “We do not allow ourselves to be influenced politically. Imagine what would happen if the investigation changed when the politicians or the political situation does. It would be the end of justice.” Enough said.

  5. Neil says:

    “We do not allow ourselves to be influenced politically. Imagine what would happen if the investigation changed when the politicians or the political situation does. It would be the end of justice”

    And now in Labour Malta, the ‘end’ is nigh. We cannot rely on justice being delivered.

  6. Gaetano Pace says:

    John Dalli has not commented further on his case. He seems to have a soother between his teeth.

    He has also in the meantime focused and concentrated on the Mater Dei Hospital. Is he still referring to the established institutions as Giovanni Kessler did?

    Has he got a CLEAN TICKET from the European institutions he said he would revert to in his quest for justice? Why did Kessler get his clean ticket so long before Dalli did?

  7. Rumplestiltskin says:

    In serious, civilised countries when a politician’s or a country’s representative’s integrity becomes doubtful he/she is set aside, even if there is only ‘circumstantial’ evidence of wrongdoing. Here we appoint them consultants to government.

    • Gaetano Pace says:

      The most unbelievable part of it all is the fact that the appointments come from a quarter that preached, advocated, advised, wanted, applauded and lauded the CULTURE OF RESIGNATIONS.

  8. ciccio says:

    I love the crystal clear logic and thinking of Giovanni Kessler.

    Contrast that with the confused thinking of his detractors in the Maltese media. I will be kind and avoid mentioning names.

  9. Tinnat says:

    Did you know that Dalli’s report was also about water conservation.
    http://maltastar.com/dart/20131125-dalli-damming-report-on-mater-dei-under-pn

  10. bob-a-job says:

    The present Police Commissioner is reminding me more and more of Ex-Police Commissioner, John Cachia and Sandie Shaw’s song – puppet on a string.

    http://www.timesofmalta.com/articles/view/20100412/local/ex-police-commissioner-john-cachia-dies-aged-92.302365#.UpPFI-Ixjho

  11. botom says:

    John Dalli wants the politicians to keep away from Mater Dei Hospital. How is it that no journalist has asked John Dalli if he has the same advice to the present government when it comes to police investigations.

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