A report drawn up by Judge Michael Mallia found that former inspector Daniel Zammit did not behave ethically and in conformity with the procedures which regulated his position during the murder investigation of Neville Baldacchino.

Judge Mallia also found that the behaviour of Mr Zammit’s brother Roderick, a serving police inspector, and his father Ray, a former acting Police Commissioner and later deputy commissioner until he retired in May, was improper.

Judge Mallia was appointed by Prime Minister Joseph Muscat to investigate Mr Zammit’s involvement in the investigation of the murder of Neville Baldacchino.

The report was leaked this evening to certain sections of the media, but not to The Malta Independent. The government later issued a statement in which the report was provided through the Department of Information.

In its statement, the government said that the Mallia report concludes that in the prosecution of the murder of Neville Baldacchino in December 2008, former inspector Daniel Zammit did not behave in an ethical manner and according to procedures.

The behaviour of Inspector Roderick Zammit was also to be censured and disciplinary proceedings should be taken against him, the Mallia report said.

The behaviour of former acting police commssioner Ray Zammit, father of Daniel and Roderick, was also to be condemned but was not as serious.

Judge Mallia said that since Daniel Zammit has left the corps, no disciplinary measures could be taken against him. But he left it up to the Attorney General to see whether criminal procedures could be taken against the former inspector.

Inspector Roderick Zammit is still in the police force and therefore disciplinary measures need to be taken against him.

Judge Mallia said that no disciplinary action can be taken against Ray Zammit but, if he were still in the police corps, his behaviour would have been subject to a warning.

The Prime Minister has sent the Mallia report to the police commissioner.

Following reports by blogger Daphne Caruana Galizia, as well as other reports in The Malta Independent detailing the Zammits’ numerous dubious business dealings, the government appointed an inquiry headed by Judge Mallia to investigate the involvement of Daniel Zammit in connection with Neville Baldacchino’s murder in December 2008.

Judge Mallia was given four weeks to conclude his inquiry, and include recommendations to improve existing procedures.

The Judge Michael Mallia inquiry exposed the Zammit family had business links with the Gaffarena and Chetcuti family in full breach of the police code of ethics and the public service management code which prohibits police officers from having such connections.

Daniel Zammit, a shareholder in Diabolik Entertainment with Luke Chetcuti, threw a birthday party for his brother Roderick at the villa of Hugo Chetcuti, owner of various Paceville establishments.

In his report, Judge Mallia described Chetcuti as a “dubious character whose copious penal record includes regular breaches of rules on his Paceville establishments”.

The Zammits claimed their friendship with Chetcuti was just a “hello and goodbye” relationship, Judge Mallia revealed that Daniel Zammit’s birthday bash was celebrated at Chetcuti’s Villa Isis in Madliena.

“The fact that the two inspectors organised this birthday party, even though they paid nothing, still puts them in a pecuniary obligation in the sense of the law, making them obliged towards Chetcuti for offering them the venue,” Judge Mallia said.

Judge Mallia’s inquiry sheds light on the stalling of a criminal prosecution of Stephen Caruana, the former husband of Romina Gaffarena.

Caruana murdered his wife’s then lover, Neville Baldacchino, in December 2008 after finding him with his wife in Qormi.

Judge Mallia reported that it was not Daniel Zammit, as co-prosecutor, who asked that sensitive parts of the Caruana compilation of evidence be heard behind closed doors.

However, it was established that Zammit could have stalled the compilation of evidence by his request to swab Romina Gaffarena so that the findings could be compared with tissue samples from the scene of the crime.

The request was opposed by the defence in January 2010, and it was only in May 2013 that the court referred the matter to a constitutional court, with the matter remaining pending right to this day.
“[The request] practically serves for nothing but an excuse so that nothing happens before the Magistrates Court and the case just drags on,” Judge Mallia said.

Judge Mallia also added that in the murder charges against Caruana, it took the police “an exaggerated period of time” to present information on mobile phone data from the Gaffarenas; and that even more worrying is that the scene-of-the-crime was demolished and a block of apartments built instead.

“It is not known who gave this permit, if even requested, but certainly the court did not know of this and no decree was issued to pull down the premises.”

Full inquiry