Former European Commissioner John Dalli said today that what Olaf director Giovanni Kessler is saying in court this morning amounts to perjury and he expects the police to take action.
In a statement issued at noon, while Mr Kessler was still giving testimony, Mr Dalli said that he is “following Kessler testimony with disgust at the manipulation of facts.
“I will comment later on his testimony.
“I will comment now on his NEW fabrication purported to be testimony from Joanna Darmanin and Paula Duarte.
“The dates stated by Kessler are invented to coincide with his theory of meetings. But he did not realise that on one of the dates mentioned – the 28th February 2012 -, not only did I not propose a lifting of the SNUS ban but I signed off with my Cabinet and SANCO staff, the parameters on which SANCO based its impact assessment which is the first step for the directive,
“These parameters included a Ban on Snus and all smokeless nicotine products.
“This is documented and can be verified.
“This is perjury and I expect the police to take action.”
In a second statement issued just before 3pm, Mr Dalli said that he has requested the Speaker of the House of Representatives to confront Mr Kessler when he testifies before the parliamentary privileges committee this evening.
"I have just learnt that Giovanni Kessler will be giving testimony in the privileges committee which seems to have been called to accommodate him.
"I remind you of the letter I had sent you some months ago and to which I have not received a reply.
"I renew my request to confront Kessler. This especially after the manipulation of facts and outright lies he uttered in his court testimony today."
The letter was originally sent on 17 June last year.
Contacted by The Malta Independent, the Speaker of the House of Representatives said that Mr Dalli cannot participate in the proceedings but can attend the hearing like any other member of the public.
In his reply to Mr Dalli, sent via the Clerk of the House, the Speaker said that while meetings of the Privileges Committee are open to the public, according to the Standing Orders of the House, "your presence during such meetings cannot be of a participatory nature."
"With regard to your request to confront Mr Kessler on the testimony delivered in Court today, Mr Speaker wishes to inform you that the Parliamentary Committee Meeting is not the fora where such a request can be entertained."
In yet another statement, issued at 4.30pm, Mr Dalli said he had written to the police commissioner to take action against Mr Kessler for perjury and defamation.
"His testimony was fraught with selective quotations which have the effect of manipulation of the truth," Mr Dalli said.
As reported in the press he stated that “Dalli, on two occasions on 24 January 2012 and 28 February 2012, pushed for the lifting of the ban, or he tried to see what was necessary to do so”.
This is an outright lie, Mr Dalli said.
"On 28 February 2012, in a meeting that I had with my cabinet and DG Sanco between 11:30am and 12:30 pm, I finalized with them the parameters on which they had to formulate the preferred options in the impact assessment that they were to prepare for submission as the first step for the enactment of the directive. These parameters included the Ban on snus and also on other smokeless nicotine products."
"Based on these parameters, SANCO, my cabinet and myself had a meeting with the Health NGO’s and MEP’s on the 29th February 2012 between 18:40 and 19:30. This was to listen to their views on the directive.
"On the 7th March 2012 between 17:00 and 18:30 the same team met with the tobacco industry to give them a chance to air their views.
"After these meetings it was decided by SANCO and myself that no changes were to be made to the original parameters decided on the 28th February 2012.
"As a result of this, SANCO presented the impact assessment to the Impact Assessment Board of the Commission.
Mr Dalli enclosed an official document dated 19th March 2012, with a summary of the impact assessment.
"I deem Kessler’s statements not only defamatory but also as perjury," Mr Dalli said.
"I request that you take appropriate action against Giovanni Kessler. As he will be leaving Malta today or tomorrow I would like you to treat this as urgent."