OLAF chief denies involvement in ‘secret chats’, MaltaToday replies

The director-general of the EU's anti-fraud office Giovanni Kessler has denied involvement in a series of online chats and email exchanges on 15 October 2012, the day in which Kessler, head of the European Anti-Fraud Office, OLAF, handed over the Dalli report to European Commission President Manuel Jose Barroso.

MaltaToday on Wednesday revealed correspondence that allegedly show high-ranking officials at the Office of the Prime Minister and the Representation of the European Commission in Valletta, discuss John Dalli between March and October 2012.

Among the persons who discussed Dalli in the secret chats, one person chatting from the Office of the Prime Minister on a Samsung device was named 'L.O.U.I.S' while another person was named 'DR. GK'.

Both Kessler and Maltese lawyer Gayle Kimberly have the initials GK and in one excerpt L.O.U.I.S. writes to GK in broken Italian.

In a right of reply, Giovanni Kessler however denied he had ever engaged in the correspondence referred to in the article.

"This article insinuates that I engaged in correspondence in the context of "secret chats" surrounding the Dalli case. These insinuations are completely false. I have never engaged in the correspondence referred to in this article," Kessler said.

Kessler went on to accuse MaltaToday of "systematically presenting inaccurate or distorted information concerning me, OLAF and its investigation concerning the Dalli case".

"I therefore reserve my right to have recourse to any legal action available in order to defend my reputation and that of OLAF," Kessler said.

Replying to Kessler's letter, Managing Editor Saviour Balzan said MaltaToday always resorted to reporting facts, including the fact that the Maltese Police Commissioner stated that if he had acted in the way Kessler did, he would have been kicked out of his job. 

The Police Commissioner said this in an interview on German TV.

"I take pride in being part of the free press which respects the judicial concept were one is presumed innocent until found guilty.  Unfortunately, or perhaps not, throughout your public announcements and in OLAF you focused on proving something which you cannot prove," Balzan said.

He said that in Malta, people were scandalized by Kessler's "disdain" for the democratic structures, namely the Euro parliamentarians who have called on Kessler to resign.  

"We are surprised to say the least at you

r arrogance in refusing to resign.  Never has the EU suffered such a downward spiral in ethical standards," Balzan said.

"In your crusade against Mr John Dalli you have not only tarnished the reputation of the Commissioner but also Malta's reputation. I would expect the Maltese authorities to take umbrage at your actions."

Balzan said Malta was a country which practiced democracy and engaged in the freedom to express one's opinion.

"Your organization has served to diminish the 'perception' that a fair and equitable investigation into allegations is possible and moreover has added a new dimension in investigative procedures based on the warped concept of circumstantial evidence," he concluded.

Saviour Balzan's reply reproduced in its entirety:

Dear Mr Kessler,

Thank you your clarification, which will be reported on our website and newspaper. I am amused, to say the least, that you accuse us of insinuations when throughout your public declaration and investigations you sought to base your accusations on circumstantial evidence.

We have reported the facts, including that the Commissioner of Police in Malta stated that if he had acted in the way you did, he would have been sacked from his job. He said this during an interview on German TV.

I take pride in being part of the free press which respects the judicial concept where one is presumed innocent until found guilty. Unfortunately (or perhaps not), throughout your public announcements and in the OLAF report you focused on proving something which you cannot prove.

Here in Malta we are scandalised by your disdain for democratic structures, namely the Europarliamentarians who have called on you to resign. We are surprised, to say the least, at your arrogance in refusing to resign. Never has the EU suffered such a downward spiral in ethical standards.

In your crusade against Mr John Dalli, you have not only tarnished the reputation of the Commissioner, but Malta's reputation too. And I would expect the Maltese authorities to take umbrage at your actions.

I live in a country which practices democracy and engages in the freedom to express one's opinion, and where our ethical standards seem to be higher than those of Brussels, and where justice is possible (and, hopefully, fair), and where prosecutors do their job.

Your organisation has served to diminish the 'perception' that a fair and equitable investigation into allegations is possible and moreover, has added a new dimension in investigative procedures based on the warped concept of circumstantial evidence.

Saviour Balzan,

Managing Editor

MaltaToday