Cabinet secretary says Afcos head ‘in no way’ involved in OLAF interrogations

The government's Cabinet office has defended the role of the anti-fraud coordinating services unit Afcos in its role in assisting OLAF in the investigation of former commissioner John Dalli.

Cabinet secretary Godwin Grima said "in no way" was Afcos head Rita Schembri - a member of OLAF's supervisory committee - involved in two interrogations with Maltese nationals carried out on 4-5 July, and 5 September 2012.

"The role of the Afcos is to act as an observer to ensure that the procedural guarantees of the Maltese witnesses/persons concerned were being fully safeguarded throughout the interview as per standing procedure," Grima said in a statement.

John Dalli has questioned the 'dual role' of Schembri as an OLAF supervisory committee member who was aware of the investigation that Afcos, which is part of the Internal Audit and Investigations Department she is permanent secretary of, was carrying out. Schembri is also director of Afcos, which assists OLAF in its investigations and falls under the Office of the Prime Minister.

Grima said Schembri had informed him of OLAF's presence in Malta "indicating ONLY that they are carrying out an investigation and the general area of such investigation."

"It is further clarified that at no stage did Head of Afcos communicate with the Prime Minister. This applies both with respect to this investigation as well as on the other three OLAF missions."

Grima said Schembri was elected to the OLAF supervisory committee in January 2012 from amongst a list of European candidates by the European Commission, the European Council and the European Parliament.

"All institutions were fully aware of the qualifications, competences and roles held by Ms Rita Schembri as at that date. The appointment of Ms Rita Schembri to such a prestigious supervisory role is a credit to her own competencies, the standing of the Internal Audit and Investigation Department qua National Audit Authority of EU Funds which she heads, and the reputation that Malta gained throughout the past years as Member State of the European Union," Grima said.

The OLAF supervisory committee has already announced that Schembri had withdrawn from the committee's examination of the case concerning John Dalli, which the committee must now evaluate to see whether it was handled in respect of his fundamental rights, on 17 October.

On his part, Grima said Schembri informed committee members on 18 October via mail. "Ms Schembri will obviously continue to excuse herself whenever an OLAF case involving a Maltese citizen is discussed within the Committee."

Afcos was requested to send further information to OLAF in the case involving allegations that John Dalli was aware that former Sliema deputy mayor and businessman Silvio Zammit was soliciting a €60 million bribe from Swedish snus producers Swedish Match to influence tobacco legislation.

Grima said that since Malta's accession to the EU in 2004, "only four OLAF investigations including this one" have been undertaken by Afcos.

"This is not the first OLAF mission to Malta and the above procedure was always scrupulously observed. Consequently the role of AFCOS in this investigation was solely to assist OLAF representatives as per the standing agreement as this was neither a local nor a joint investigation with OLAF but purely an OLAF investigation," Grima said.