You’re under arrest. No, wait, you’re not…

If they felt there was evidence to issue an arrest warrant for John Dalli… why the bleeding hell did they not issue any such arrest warrant in so many months?

John Rizzo
John Rizzo

"The Commissioner of Police's loyalty is not towards this country, but towards the prime minister. We have a commissioner of police who stopped, for political reasons, charges against Dalli because of his loyalty towards who appointed him. There was political interference in this case."

Sounds like the basic plot of a John Grisham novel, doesn't it? Also distinctly reminds me of the curious case of the De Gray in the nighttime. But this is not fiction. This is the word of one Simon Busuttil, Opposition leader, and he was talking about the present Police Commissioner Peter Paul Zammit, who replaced outgoing John Rizzo last April.

But just imagine for a second that it wasn't Simon Busuttil who said that. Imagine it was something I wrote in one of my articles. Why, there would probably be a policeman knocking on my door before I even hit the return button...

Hullo, someone's knocking at the door. What a coincidence. And... what's with all those red, white and red lights flashing outside my window, anyway...?

[Forty-eight hours later]

...So, as I was saying before being suddenly and unexpectedly whisked away for a free two-day sojourn at the Floriana Police Depot Bed and Breakfast... if I (who am but dust and ashes, etc.) were to even think of setting down such a bald indictment of the Police Commissioner in writing, and then printing it in a newspaper... you could rest assured that the consequences would be serious. Luckily for me, I can get away with it in this particular instance. Why? Because of 'parliamentary privilege', that's why. Which in practice means that even one such as myself - who am still but dust and ashes, despite all the very plausible reasons to believe otherwise - can get away with viciously maligning the Police Commissioner, or anyone else for that matter, with a completely unsubstantiated statement based only on hearsay... so long as I am quoting something that was uttered aloud by any MP in the House of Representatives.

And don't get me wrong: I'm not complaining. In fact I rather appreciate the fact that this particular symptom of our antediluvian hangover from Colonial Britain actually works out to my advantage for a change. For once, the influence of the British Crown on our very non-British legal system serves a purpose that doesn't actually tie the press's hands and strap masking tape to its collective mouths.

But at the same time, even I, who benefit from this situation, can still see that it is... um... how can it put this? WRONG. Not only is this practice woefully unfair on the recipient of the allegations in question... but in a country where verbal violence is the only way we actually know how to do politics, this sort of thing is also an open invitation to the sort of recriminatory war of attrition that makes Armageddon look like a Bruce Willis movie, or something.

But let's take another look at the claim itself, shall we?   

Busuttil was referring to testimony by John Rizzo in the ongoing case against Silvio Zammit. The former Commissioner testified that 'he and the AG'... a turn of phrase which incidentally reminds me of 'me and Bobby McGee'...  'wanted' to press criminal charges against former EU Commissioner John Dalli.

Got that, folks? So Rizzo and the AG wanted to arrest J.D. (And yes, it is now beginning to sound distinctly like a gangster rap number.) Which is of course why a number of people, myself included, are sort of somewhat slightly perplexed. What I in particular don't understand is... well, it's not as though Rizzo and the AG didn't have ample opportunity to act on that desire, if it's what they really wanted to do. They are, after all, the Police Commissioner and the Attorney General. If they felt there was evidence to issue an arrest warrant for John Dalli... why the bleeding hell did they not issue any such arrest warrant in so many months?

Chronology, in this instance, becomes a useful ally to those among us who don't actually have 'parliamentary privilege' to cover their asses when spewing highly libelous claims about others. So let's recap:

John Dalli resigned in October 2012. Silvio Zammit was arraigned in December 2012. The OLAF report (which resulted in the charges against Zammit) was in the AG's possession immediately after Dalli's resignation, and it was passed onto the Malta Police (i.e., Rizzo) on 15 October 2012.

Labour came into power in March 2013. Rizzo stepped down in April 2013; Peter Paul Zammit took his place that same month. Almost immediately upon his appointment, Zammit said there was no case against Dalli; and we had to wait another... oooh, seven months for John Rizzo to finally come forward and contradict him on that score with his testimony last Monday.

Incidentally, Zammit is the only person to date who has been charged in connection with the attempted bribery.

At which point a lot of questions have to be asked, really. Questions like: if both the Police Commissioner and the Attorney General genuinely believe that there was enough evidence to issue an arrest warrant for both Dalli and Zammit, on the basis of the OLAF report which has been in their hands since the very beginning.... why did they only arrest Zammit? I hate to say it but it sounds awfully like the old story of arresting the small fry while letting the mastermind off the hook.

Meanwhile the reason cannot have been (as the usual suspects have all separately claimed) because, unlike Zammit, Dalli was not actually around in Malta to be served with the warrant. Local arrest warrants can still be issued for persons who are not physically present in the country at the time... and if they really meant business, Rizzo and the AG could also have issued a European arrest warrant, or sent a formal request for extradition through the usual channels. They could have done both simultaneously. It's not as though they've never done these things before: it's ordinary business in the law enforcement world.

Yet they did nothing of the kind for three whole months... except issue charges against only one of the three suspects concerned, when we now hear that they had evidence on at least one other, too. 

This brings me to another question. Rizzo himself may be unable to take any action, no longer occupying the role of Police Commissioner. But the AG is still occupying that same position to this day. If he still believes there is evidence to arraign Dalli... why isn't he trying to do precisely that right now? Because of political interference, you say? Then... why doesn't he resign? That's what happens in the real world, when people occupying sensitive positions find they cannot do their job because of political interference.

There is more. Assuming that there was political interference in the decision not to charge Dalli with any crime - and I stress the word 'assuming', because once again I don't enjoy the same immunity to criminal prosecution that the State accords to Simon Busuttil - and bearing in mind also that this decision must clearly have been taken around December 2012 (i.e., when the Police Commissioner and the AG both examined the OLAF report and determined that there was enough evidence to charge Zammit) - well, who had the sort of political power to stage that kind of interference in the police's work at the time?

I find it hard to believe this could have been Manuel Mallia, or anyone else connected with the Labour Opposition. It could only have been someone within the Nationalist government... yet the very idea that the Nationalist government would pass up even the tiniest opportunity to wreak destruction onto this man named 'John Dalli', whom they evidently hate so very, very much... sorry but this is just too ridiculous for words.

This last detail brings me to another dimension to all this, which I am beginning to think Busuttil hasn't thought about at all.

One year after Dalli's forced resignation - and all the emails and SMSes that emerged as a result, illustrating the sheer depth of visceral hatred within the PN towards a man whose primary crime (lest we forget) was ultimately to challenge Lawrence Gonzi for the leadership in 2004 - well, the PN may have changed its leader, but the same style of leadership that proved so ruinous in Gonzi's case is still evidently there. It's called defecating on your own dinner plate... declaring war on your own allies, alienating your own assets, and basically just pushing away anyone who is not part of the inner sanctum clique.

Simon Busuttil probably doesn't credit people like me with all that much intelligence - I am after all not a Nationalist Party die-hard, and have never been one... and let's face it, the party only ever listens to its own hard-boiled interior, and nothing else.

But even numbskulls like myself have a pair of eyes and ears in our heads, you know. We notice things... like, for instance, how Busuttil echoes in parliament what certain blogs say online. We notice that when the blogger speaks, the PN leader squeaks. If this is how Simon Busuttil intends to rebuild his shattered party ahead of the next election... alienating former (and in some cases actual) allies, because that is what is expected of him by the people who put him there for reasons of their own... well, something tells me he'll be in for a nasty, nasty shock in five years' time.

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joseph mercieca
Dear Jimmy. Yes I have better things to do with my life. Still answer me this. John Dalli arrived in Malta when Rizzo was still in office. Why was he not arrested then? Really are you brazen enough to Take Labour to task on ethics of all things? GonziPN had ethics? GET A LIFE!
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Brilliant. No one drives it home the way you do Raphael.
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AHH Raphael, Raphael, how deliciously disingenuous you are. How long and hard you must have thought before deciding which block it was safe to put your own dear little head upon ....
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Abdullah alhrbi
Lol Jimmy getting a bit too hot under the collar are we ? What is so threathing about a journo who says it as it is ? 'You guys defy 'rationalisation' in your efforts to defend the indefensible and to deny the bleedin' obvious.' Rofl ! I guess the concept 'rational' escapes you. Seems you suffered a bit of a freudian landslide there mate. A proper example of rationalisation are Simon's actions and words he may be possibly overdone in the department by the Jason and Beppe Act (Showing every weekend folks) they don't even pass muster for an ad hoc hypotheses because they don't make simon's theory unfalsifiable given that on exCOP Rizzo's own admission the AG and his good self failed to prosecute Dalli. They either had the legals in place or they did'nt. No amount of rationalisation can negate that. Keep dishing it Raphael it seems Simon and Co still believe cognitive dissonance is the name of the game ! How very sad! No need to pour over the algorithims to arrive at the bleedin predictable obvious
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resort to name-calling, are we, mr too-scared-to-even-sign-his-name-on-a-comment? Chicken is as chicken does. The day you put your own head on the block, or expose yourself to any form of danger whatsoever without hiding behind pseudonyms, is the day you earn the right to call others chicken
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resort to name-calling, are we, mr too-scared-to-even-sign-his-name-on-a-comment? Chicken is as chicken does. The day you put your own head on the block, or expose yourself to any form of danger whatsoever without hiding behind pseudonyms, is the day you earn the right to call others chicken
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@ FXT - for someone who 'have better things to with my time then wasting it answer you absurdities'(let us assume you meant : 'for someone who HAS better things to DO with my time than WASTE IT ANSWERING YOUR absurdities'), you sure employ an awful lot of it in answering my absurdities. But - back to the matter that taxes your brain so mercilessly. Read carefully the following - one may have no personal doubt as to the involvement or even guilt of an absentee party but the criteria for the issuing of an absentee arrest warrant, never mind an international one, are far more stringent and it can take a wee while to meet them adequately . Of course, in your world of 'we're in charge now, we do whatever we like, to hell with the law, to hell with ethics, to hell even with any sense of common decency, to hell especially with anyone who doesn't swallow our rubbish' this concept is way beyond your ken. Nonetheless, although beyond your ability to envision it, the concept exists.
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"......because once again I don't enjoy the same immunity to criminal prosecution that the State accords to Simon Busuttil......" Simon Busutill enjoys immunity until he blurts out his accusations in public then he has to prove them in court. Now if you had any guts and know something you can always act as a whistle blower and be protected by the law that Joseph himself piloted in parliament. But then journalists always hide behinf sources and their confidetiality. Chicken
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joseph mercieca
Dear first of all when you right in a newspaper try to avoid certain language. It is called etiquette. I do not want to repeat myself but can't you people get it through your head that once Rizzo and the AG decided that Dalli was to be charged they could have arrested hin even if he was at the antipodes of the world. So read my lip WHY DIDN'T THEY? You seem well informed can you through some light about who were the MPs that interfered with Rizzo in the Dalli case. So Commissioner Zammit and Joe Muscat were in collusion. PROVE IT SHOW EVIENCE!! Again don't talk about democratic procedure as you don't know it meaning. And anyway let me say oiece and you say yours and don't ever dare doubt my seriousness. Moreover I have better things to with my time then wasting it answer you absurdities
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Nahseb li Simon ghaddej minn time warp: jaf li partit ewropej 'normali' u mhux tac-cajt; ma jaghmlux it-tejatrini li qed jaghmel hu? Kif tista tkun kredibli Simon meta inti u it-team reciklat teighek qed jiddefendu lil dawk li ghafgu kemm felhu, fl-EneMalta? On whose side are you on Simon? Int ukoll favur 'ha joghlew il-prezzijiet bil-qalb' bhal GonziPN?
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FXT - are you serious ?? Why on earth do you think Joe Muscat was in such a flaming hurry to replace the Commissioner of Police ? Do you seriously believe that it is normal democratic procedure to kick out the CoP immediately following a regular general election. It should be obvious even to a blind man that Johnny Cash was simply killing time until his new cronies made it possible for him to return safely and with impunity. You guys defy rationalisation in your efforts to defend the indefensible and to deny the bleedin' obvious.
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Raphael, freedom of expression doesn't give anyone the right to write whatever comes to his head and then expects to walk away. If your colleague is not found guilty I am sure he will walk away but if not then let him pay. I don't give a shit either for what you write.I am not paid to write and do not have a readership that needs to be kept satisfied with made up gossip.
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joseph mercieca
I don’t know why some of you are so hot under the collar and chagrined with Raphael Vassallo. Sure he came on Simon like a ton of bricks. But it is no more than the Leader of the Opposition deserves. This time he bit more than he could chew. One just cannot accuse people without prove no matter the circumstantial evidence. Without a smoking that is hard evidence there is no case. It no use DeMarco trying to pull the wool over our eyes by stating that it was a political opinion. Does he take us for idiots? An accusation is an accusation period it is no political opinion. Example Austin Gatt had a Swiss bank account amounting to 700,000 Euros. This is not political opinion but a charge backed by hard evidence. To state Joseph Muscat intervened with the Commissioner of Police is also an accusation. Unfortunately for Simon Busttil he has no hard proof to corroborate this allegation. In this respect it amounts to defamation. One cannot be clearer than that. Unfortunately the one who is guilty of all these shenanigans is the ex. Commissioner Rizzo. He shot his mouth off in court and made a blurry situation as clear as a foggy day in London town. He said that the he and the AG agreed that John Dalli should be arrested. Dalli came to Malta when Rizzo was still Commissioner. I ask Mr. Rizzo why Dalli was not arrested when he landed in Malta. I do not buy the excuse that Dalli was ill. Big deal he should had admitted him to hospital and detained him in a private room. Thirdly even if Dalli was still abroad Rizzo could have issued an international arrested warrant and applied for extradition. So the question is WHY WHY AND WHY RIZZO DID NOT ARREST DALLI. Referring to interference Rizzo is quoted to have said that regarding John Dalli he had intrusions from certain MPs. Now it’s not fair to drop that kind of ordinance and just shut up. It is our right to know who these MPs were and in what manner they intruded in the Commissioner’s duties. This is more relevant now with the unsubstantiated allegations made by Simon Busttil. We are in a comic situation where an ex Commissioner is saying that he intrusions in his work by MPs and everybody is mum about it. Whilst we have a little turbulence because Simon Busuttil is insinuating without any shred of evidence that Joseph Muscat interfered with Commissioner Zammit
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Mhux kulhadd jaf ghala Dalli ghadda minn dan il-kalvarju? Ghala? Mhux ghax kien hemm blatant political interference minn GonziPN and Co? Simon stop tismana ta cwiec ghax int avukat-bhal l-avukati anke dawk laburisti- li jahsbu li ix-xemx politika iddur ma djulhom! We want a better future for our kids and not -with a tongue in cheek- defend those who have riddled us with debt, deficits, oil scandals,Arriva scandals, and squandering of millions and millions of euros!
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Flok jiehu lill- partit fic-centru Simon qed jiehdu fuq il-fringes ta lunacy? Jidher li qed jikkopja lill- bloggers ghal darba ohra bhal ma ghamel Gonzi u kulhadd jaf x'kien ir-rizultat. Frankly speaking, anqas ma naraw lil Tonio 'arloggi' li Pullicino 'tad-29 miljun'; lill- Jason tal-kiri tal-garage, aktar ahjar. Gatt jonqos halli ikun hemm 360 degrees back to GonziPN!
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Luke Camilleri
TAGHHOM F'TAHHOM u fi ZMIENHOM! Il-Protagonisti kollha membri tal-P.N. u "HEAVYWEIGHTS" tal-P.N. u kollox sar fi zmien il-P.N. b'niex li hattru tal-P.N. HATTRUHOM u mid-dehra rabtuhom lill min jinvestigaw, il min ma jinvestigawx U META JINVESTIGAW!
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Luke Camilleri
TAGHHOM F'TAHHOM u fi ZMIENHOM! Il-Protagonisti kollha membri tal-P.N. u "HEAVYWEIGHTS" tal-P.N. u kollox sar fi zmien il-P.N. b'niex li hattru tal-P.N. HATTRUHOM u mid-dehra rabtuhom lill min jinvestigaw, il min ma jinvestigawx U META JINVESTIGAW!
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Usually, you are not that naive.
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joseph mercieca
What you forgot to mention is the reference Rizzo made to pressure from MPs. That is very intriguing.
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First of all, may I say that this indeed is a brilliant piece. Kudos Raphael. Franco, i couldn't disagree more. That is exactly what I love about Mr.Vassallo's style.
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What a breathtaking crock of nonsense. Your appalling lack of knowledge of criminal procedure is matched only by your cheek in assuming that you have the knowledge to justify the conclusions you draw. Your analysis of the local political scene is also no better. In all sincerity, having the ability to cobble together a few, sarcasm-laden sentences does not add up to your having anything to say that is actually worth listening to. Sometimes I think you're articulate but ignorant, at others I'm forced to conclude you're articulate but stupid. On this occasion, you redefine ignorant.
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franco - actually a colleague of mine was arrested over an article under the present administration, and we are still in court with the former police commissioner over another article which was far less serious than the allegations made by simon busuttil. as for whether you 'agree' or not - chi se ne frega?
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franco - actually a colleague of mine was arrested over an article under the present administration, and we are still in court with the former police commissioner over another article which was far less serious than the allegations made by simon busuttil. as for whether you 'agree' or not - chi se ne frega?
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Bl**dy judicious conclusion, Raphael. Spot on!
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"But just imagine for a second that it wasn't Simon Busuttil who said that. Imagine it was something I wrote in one of my articles. Why, there would probably be a policeman knocking on my door before I even hit the return button..." What crap writing is all about. It is so stupid to spoil a good article with paragraphs of this kind. If you had had such an experience under present government then I would not have said anything I would have agreed with you. I repeat , what crap writing is all about.