The first sitting in the case against former EU Commissioner John Dalli was adjourned after less than an hour of courtroom debate over Dalli’s potential immunity.

Dalli attended the first sitting of the case which regards an alleged €60 million bribe to help overturn an EU-wide ban on snus, a form of smokeless tobacco.

Dalli served on the commission between 2010 and 2012.

At the start of the sitting, magistrate informed the defence that the prosecution had filed for an adjournment of the case. Dalli’s lawyers objected to this, saying that this was the second time the prosecution were trying to put off the case.

The first sitting of the case had been scheduled for September, but had been postponed to November.

Both the prosecution and the Attorney General raised an issue about the possibility of immunity.

The court, presided by Magistrate Caroline Farrugia Frendo, was told that there could be EU legislation that protects Dalli from being charged.  

Attorney General Antoine Agius Bonnici cited the EU treaty in question: The law in question is Article 11a of Protocol 7 of the EU Treaty.

The court was told it must be determined, by the EU, if the act allegedly committed by Dalli was related to his official EU work.  

The AG lawyer said this immunity is limited and it’s intended to safeguard the EU not individuals. 

The AG office argued that it is awaiting direction from the European Commission. Agius Bonnici said Brussels needs to conclude an administrative procedure before being able to determine the immunity issue.  

The defence said that now that the prosecution had decided to take action against Dalli, it must get on with it or let him go.

In reply, defence lawyer Stephen Tonna Lowell said that the prosecution is dragging its feet because it does not have a case.

The magistrate adjourned the sitting.

In a decree delivered later, Farrugia Frendo gave the date for the next sitting, which will be on December 21.  This will be the final adjournment, the court said.

At the next sitting, the court said it will proceed with the case and hear witnesses.

She warned the prosecution, saying it is unfair that someone is left with charges hanging above their head indefinitely. 

If any of the parties fail to turn up, the court will impose fines.