OLAF statement in light of recent comments made by the Maltese Police Commissioner
OLAF takes note of the statement of intention of the new Maltese Police Commissioner not to request the indictment of Mr Dalli, as he expressed it this weekend on a talk show. OLAF is not aware of any official decision taken in this sense by the Maltese authorities. OLAF understands that the criminal investigation in Malta is still on-going.
OLAF carried-out a thorough investigation which revealed strong evidence that a private Maltese person had requested a bribe using the name of Commissioner Dalli. This bribe was asked in exchange of exerting influence on the Commission to change certain provisions in the revised Tobacco Directive. Following the transmission of the OLAF Report to the Maltese judicial authorities, this person was indicted by the competent judge, in custody. Without the evidence gathered by OLAF, these matters may have never been brought to the attention of the competent judicial authorities.
The OLAF Report clearly stated that there is no conclusive evidence that Commissioner Dalli was either a mastermind or an accomplice to this criminal activity. The circumstantial evidence collected by OLAF raised sufficient concern. OLAF had a duty to refer its Report to the Maltese judicial authorities for their judicial consideration and appropriate decisions.
As provided for in the Regulation governing OLAF, the Report was also referred to the President of the European Commission for his consideration in light of the Code of Conduct of Commissioners.