Issue link: https://maltatoday.uberflip.com/i/1480753
3 maltatoday | SUNDAY • 2 OCTOBER 2022 NEWS Improved cognitive abilities Increased hand-to-eye coordination Greater multi-tasking ability Faster and more accurate decision making Poor sleep hygiene Exhaustion Obesity problems Lack of motivation THE BENEFITS OF GAMING AND THE CONSEQUENCES OF EXCESSIVENESS ALWAYS FIND THE RIGHT BALANCE SUPPORTLINE 1777 Probe into Abela convo with tax chief over Grech draws blank MATTHEW VELLA THE Standards Commissioner could find no ethical breach over an alleged conversation between the prime minister and the Commissioner for Tax, over the tax filings of Oppo- sition leader Bernard Grech, due to a procedural inability to obtain the evidence for such a conversation. The complaint by independ- ent politician Arnold Cassola was sparked by a report in The Times that tax boss Marvin Gaerty's mobile phone – seized by the police in the course of an investigation – is believed to contain "a treasure trove of information" including an ex- change with the prime minister himself this year. According to the Times the phone was understood to con- tain a conversation in which Abela refers to confidential in- formation about Grech's taxes. Abela later publicly claimed that it was a PN source who passed on to him tax informa- tion on Grech, which he per- sonally forwarded to the Tax Commissioner. Hyzler said the allegation merited an investigation, be- cause if confirmed it would amount to a serious abuse of power that raises questions about the independence of the Maltese institutions. "Allega- tions of this type reflect the balance of power between that of the executive, especially the extensive powers of the Prime Minister, and the serenity of citizens whose personal data is processed by State institu- tions." Hyzler requested that Com- missioner of Police Angelo Gafà verifies the said allega- tion from the evidence of the mobile phone conversations. However, on 3 November 2021, Gafà said that at law such ev- idence could not be released without a special dispensation from the Courts or the Attor- ney General. Times of Malta editor Her- man Grech informed Hyzler on 24 January 2022 that the news- paper could not provide any information beyond what was already published. Tax Commissioner Marvin Gaerty, appearing before the Standards Commissioner on 4 August 2022 accompanied by his lawyer, availed himself of the right to not to incriminate himself by not testifying. On his part, Prime Minister Robert Abela told Hyzler that Cassola himself had failed to provide any evidence for his own complaint. Yet Hyzler said the onus was on himself as an investigator, not on Cassola as the complainant, to procure evidence substantiating any ethical breach or not. Hyzler conceded that the laws prohibiting the release of evi- dence both from police and the Tax Commissioner prevented him from furthering his inves- tigation. "I can only conclude that some form of communica- tion between Abela and Gaer- ty took place, because the PM never denied this when asked by journalists about it on 28 December 2020," Hyzler said. But Hyzler added that even such a communication would not be considered a breach of ethics. "Still, no comfort stems from this... the PM chose not to comment on the specific alle- gations and on the correctness or not of what he told journal- ists he did." In a reaction, Cassola said Abela had not answered any of Hyzler's questions. "The Standards Commissioner re- futed the Prime Minister's as- sertion and stated that the law is clear: 'Any person can ask for an investigation on allegations of breaches to ethical or statu- tory rules and does not need to have a personal interest'," Cas- sola said. "In view of the Prime Minis- ter's reluctance to provide the commissioner with satisfactory responses, the Commissioner for Standards could not come to a clear conclusion whether there was or there was not an ethical breach," Cassola said. Originally, Cassola had told Hyzler that if it was true that Abela had abused of his powers by requesting information on Grech's tax matters, this was a resignation matter. "Such behaviour is anathema in the democratic world," Casso- la had said. "If this were true, there is simply no room for any discussion: Robert Abela must resign or be kicked out. Now. This country simply can't take any more of this indecent po- litical behaviour… if true." Robert Abela did not deny commnicating wit Tax Commissioner Marvin Gaerty (below)