Issue link: https://maltatoday.uberflip.com/i/1004621
3 NEWS maltatoday | SUNDAY • 15 JULY 2018 CONTINUED FROM PAGE 1 In its decision, the Court said that the law courts hear- ing the compilation of evi- dence against Zammit could not delay the process any longer over the inability to summon a witness, who is based in Belgium, to testify in the proceedings. It said the Attorney General, who appealed the decision that found for Zammit, had the onus to bring the ESTOC secretary, Inge Delfosse, to testify in Malta and not use this snag as an excuse to let the case gather dust on a shelf. The criminal case against Zammit – a one-time can- vasser of Dalli – was filed by the Malta police in 2012 but the Attorney General has so far refused to declare his evidence closed after the last witness refused to testify in the bribery case. No charges were filed against Dalli, even though former police com- missioner John Rizzo said the police had enough evidence to proceed against the former European commissioner. Zammit then filed a consti- tutional reference in 2016, claiming that his case had been unnecessarily delayed by the prosecution's refusal to declare its evidence closed. In his application, Zammit said the prosecution had de- clared that the only remain- ing witness, Inge Delfosse, was refusing to travel to Mal- ta and testify as she risked in- criminating herself. Delfosse was an employee of the smokeless tobacco lobby ESTOC, who had recorded Zammit on the telephone making his second request for a bribe. The evidence was used by the EU's anti-fraud agency OLAF to push forward its case. Zammit's lawyers Edward Gatt and Kris Busietta argued that this was a breach of his right to a fair hearing and that there was no other option but to declare the evidence closed. The AG argued that the constitutional reference was "premature" and the delays were down to the defence's decision to file the constitu- tional case, but the Court of Constitutional Appeal said this did not preclude the AG from hastening the pace of the case. It agreed with the findings of Judge Anna Felice in the first court, who observed that the AG did not need to wait for the conclusion of criminal proceedings against the ac- cused to decide whether the delays would likely lead to a breach of his right to a fair hearing. "The Attorney General's argument – that Delfosse was refusing to testify is the fault of the applicant who had filed a police report against her in Belgium – is unacceptable," Madam Justice Felice had said. "This, in addition to the fact that… Delfosse had already declared that she didn't wish to testify before the report was made." "Either the AG is going to obtain the deposition of the remaining witness quickly and with the greatest efficien- cy, or he would have to pro- ceed without her. The com- pilation of evidence cannot remain stationary indefinitely in the hope that at some point Inge Delfosse is going to tes- tify," Felice had ruled. With the Court of Consti- tutional Appeal having con- firmed a violation of Zam- mit's right to justice within a reasonable time, the breach would continue to subsist until the prosecution obtains Delfosse's deposition or de- clares its evidence closed. Lawyers Edward Gatt and Kris Busietta appeared for Zammit. Constitutional court confirms rights breach Silvio Zammit said the prosecution had declared that the only remaining witness, Inge Delfosse, was refusing to travel to Malta and testify as she risked incriminating herself John Dalli has denied having been aware of the bribe solicited by Silvio Zammit and was never charged by the Maltese police before the change in government in March 2013