The report by Olaf, the EU anti fraud office, which has been kept under wraps since it was drawn up, is to be presented in court – Magistrate Anthony Vella yesterday ordered its release in the case involving Silvio Zammit, 48, of Sliema.

Zammit was in contact with a Swedish company and involved then EU Commissioner John Dalli in his trading, leading to the EU Commissioner’s resignation last October.

Zammit is charged with bribery and trading in influence. Olaf investigators are to testify in the case.

Defence lawyers Edward Gatt and Kris Busietta argued that the attorney general and the police were seriously failing in their duties as prosecutors by denying the defence the full documentation related to the case in court.

They said that the only reason why the attorney general did not want to present the Olaf report in court was that the former EU commissioner could be arraigned. This was not acceptable, the defence said. The accused had been investigated and arraigned in court because of the Olaf report, Dr Gatt said.

Magistrate Vella said he found it difficult to understand why three months had elapsed since the report was sent to Malta but was not yet presented in court, though important witnesses had already testified. Prosecuting inspector Angelo Gafa argued that the case before the court concerned an investigation by the Malta police and every document related to the investigation had been exhibited.

The defence interrupted to argue that the failure to produce the Olaf report was leading to their client’s prejudice and to a difficulty for them to defend their case. Inspector Gafa said Olaf investigators would testify here and present the report they drew up.

After a few minutes’ suspension of the sitting, Magistrate Vella ordered the attorney general to present the Olaf report at the next sitting, on 24 January.

A lawyer also involved in the case, Gayle Kimberly, was due to testify at length yesterday, but could not because of other commitments by the court. She was represented in court by Dr Giannella de Marco. Dr Philip Galea Farrugia appeared for the attorney general.