Updated | Busuttil: ‘Malta being turned into banana republic led by dictators’

Opposition leader Simon Busuttil has demanded an explanation over claims by the director of the EU’s anti-fraud agency OLAF, Giovanni Kessler, that Police Commissioner Peter Paul Zammit had failed to cooperate with the agency in an ongoing investigation into former European Commissioner John Dalli.

Busuttil insisted that Prime Minister Joseph Muscat should shoulder responsibility for the Police Commissioner's actions, whose refusal to cooperate with the anti-fraud agency was in breach of EU law.

In a letter he sent to the Speaker of the House, in reply to an invitation to testify in the Privileges Committee over a breach of privilege complaint raised by the Prime Minister, Kessler confirmed he will not be coming to Malta next week but said he remained available to cooperate with the committee by appearing before it at one of its next hearings.

Kessler also said that on three separate occasions – 22 October 2013, 31 March 2014 and 6 May 2014, OLAF requested Zammit to collaborate on a new OLAF investigation concerning Dalli.

“To this date, and despite the reminders, OLAF has not received any answer by Zammit,” Kessler said.

Sources, the OLAF chief added, said he could be arrested if he came to Malta.

Parliament this evening is discussing a motion presented by the Opposition on the home affairs ministry's refusal to furnish the Ombudsman with documents needed for an inquiry into army promotions.

The Opposition’s motion requesting the Prime Minister, as the head of government, to order the Home Affairs Ministry to fully collaborate with the Ombudsman, was eventually defeated with 29 in favour and 33 against.

Busuttil said the government was undermining the independence of institutions by its refusal to cooperate with the Ombudsman. He said that this lack of cooperation had now been extended to other departments following Kessler’s declarations.

“The Opposition was right in raising questions on the Prime Minister’s decision to remove John Rizzo [former Police Commissioner] and how this influenced the investigation into John Dalli. And now we have the head of OLAF making this grievous revelation on how the Police Commissioner has refused to collaborate,” the PN leader said.

“The government is threatening democracy and ridiculing Malta’s name. This only happens in a banana republic led by dictators. Who will shoulder the political responsibility for this lack of cooperation?”

Busuttil said the Opposition expected a clear explanation from the government on Zammit’s actions.

“The Police Commissioner is bound by law to cooperate and supply the information required to OLAF. What the Commissioner is doing is in breach of law. Who is going to shoulder the responsibility?... Malta is being shamed.”

He argued that the responsibility should be shouldered by PM Joseph Muscat since he was the one to remove Rizzo and appoint Zammit.

Home Affairs Minister reacts

But taking the floor after Busuttil’s intervention, Home Affairs Minister Manuel Mallia refused to elaborate on the matter, arguing that the motion filed by the PN was on the Ombudsman’s protest.

“We should be here discussing your [PN] own motion on the Ombudsman and not discuss Kessler. We should be here discussing how we are acting in the same way the Ombudsman acted in the past,” Mallia said.

Mallia pointed out that such a dispute between the Ombudsman and the ministry responsible of the AFM – previously the OPM – has been exsistent since the PN administrations. He insisted that the ministry is not acting any differently to how identical cases were tackled in the past.

Mallia did not take lightly to Busuttil walking out of the Chamber while he was talking, saying that Busuttil should have remained inside to hear what he had to say on the Ombudsman. But raising a point of order, PN MP Jason Azzopardi said Busuttil was in the parliamentary building attending to an important meeting, "but he is still following the debate via live streaming".

The Home Affairs Minister said the ministry wanted to meet and discuss with the Ombudsman also to address parts of the law that may create a lacuna.

He however insisted that the law was clear in stating that the Ombudsman could only investigate an army complaint only after all other legal remedies had been exhausted.

This included the complaint being brought before the President of the Republic.

On his part, shadow minister Jason Azzopardi said the government was not credible in stating there had been no political interference in the Dalli case.

“What the Ombudsman has said and the closed doors he faced reveal the government’s attitude,” he said.

Azzopardi also said it was an absurdity for an army officer to seek the Ombudsman’s help after going to the President, the highest office. He also said that the complaining officers had indeed sought remedy by then AFM Brigadier Martin Xuereb who said he could not help them.

"Moreover, how can the officers complain with the new Brigardier when he forms part of their complaint?" Azzopardi said.