Ninu Zammit expected to testify on alleged Delimara commissions

Former Nationalist minister Ninu Zammit is expected to appear in court to give evidence over alleged shared 'commissions' on public contracts, back when he was responsible for Enemalta between 1987 and 1992.

A former canvasser for Zammit - Paul Cutajar, known as 'Il-Maxku' - on Thursday was summoned to testify before Mr Justice Anthony Ellul, who urged the witness to assume responsiblity for recorded statements in which he is heared telling a third party that he served as a "front" for the former minister, and shared 'commissions' on public contracts with the minister's brother Emanuel Zammit.

Cutajar was recorded saying that when he was awarded the excavation contracts for the old Delimara Power Station, he transferred commissions to Emanuel Zammit into a bank account in Jersey.

Cutajar was testifying in one of seven civil cases instituted by brothers Michelangelo and Alfred Fenech, who are suing Enemalta, and Mediterranean Oil Bunkers Limited (MOBC) for damages, after the latter claimed to have been deliberately put out of business for political reasons.

Cutajar (pictured), who served as a canvasser to Ninu Zammit during the 1980s and 1990s, was cross-examined over what he said in a recorded conversation with third parties some years ago.

The recordings are part of the evidence brought before the court by the Fenechs, and are currently being analysed by court-appointed expert Martin Bajada.

Last week, Cutajar was summoned before Bajada, who formally recognised his voice when confronted with parts of his conversation.

However, when confronted in court with details of what he was heard saying in the tapes, Cutajar said that he had been lying. While Cutajar denied ever approaching the Fenechs or telling them he was fronting Ninu Zammit's interests should they cede half of their oil business to him, the lawyer representing the Fenech brothers faced Cutajar with what his own statements in the tapes.

"So could you tell the Court what you were saying when you mention Ninu Zammit as the man you were fronting?" the plaintiffs' lawyer asked.

"I don't remember what I said, so much time has gone by. But what I can say today is that I was lying then," Cutajar replied.

While it emerged that Cutajar had bought a ready-mix plant from the Fenechs during the 1980s, the witness was pressed to say why he was heard mentioning the former minister's brother, Emanuel.

Asked to confirm that Emanuel Zammit was paid through shares in his company, which specialised in excavation works; and whether commissions were transferred into a bank account in Jersey, Cutajar said: "What can I say... I was lying."

His answer prompted the judge to interrupt and warn Cutajar again that what he was doing was rather odd.

"Do you realise that you are admitting in my court to having lied about a former minister and his brother, just for the sake of conversation?" the judge asked.

Cutajar simply nodded his head, and persisted in saying that while he didn't remember the conversations, he knew that he was lying.

"I'm not really following you here," the judge commented, and took over the questioning in a bid to try and make sense of what the witness was saying.

Cutajar also denied ever having any interest in fuel procurement, but later admitted to having bought a petrol station in Safi and purchasing fuels from Enemalta.

He also stated that he met Alfred Fenech, known as 'Barbarossa', on a regular basis because the latter needed Ninu Zammit's help on matters concerning Enemalta.

According to the witness, he used to lie to Fenech when he was meant to report back on enquires, "just to get rid of him as he was becoming a nuisance."

Another witness summoned before Mr. Justice Ellul was former Malta Oil Bunkers chief executive Frank Sammut, who this week was charged for aggravated corruption, trading in influence and money laundering in the Enemalta oil procurement kickbacks scandal.

Sammut - who also features with his voice on the tapes which were produced as evidence - appeared tired and disturbed.

He said that he could not remember why the Fenechs had their commercial licence suspended by government, and was not aware of any political discrimination against the Fenechs because of their links to former Labour Prime Minister Dom Mintoff.

Sammut insisted that a fuel transport contract between MOBC and the Fenechs was terminated because the contract had expired.

The case was adjourned to May, with Mr Justice Ellul summoning contractor Charles Polidano 'Ic-Caqnu' to the witness stand together with entrepreneur Joseph Gaffarena.

Gaffarena was fined €300 for not turning up for a special sitting before the court expert who is making voice comparisons with all the persons who feature in the audiotapes.