of MaltaBeing a Statutory Court
Magistrate Dr. Noel Cuschieri BA. LL.D
To day 30th November 1999
The Police (Assistant Commissioner Michael Cassar)
Joseph Ellul Grech
The Honourable John Dalli son of
Carmel born in Qormi and residing
in Balzan in Maltese and under oath
in the presence of the defendant.
Magistrate: Which position do you hold in the country?
John Dalli: I am Minister of Finance.
Magistrate: Questions regarding the civil action.
Prosecution: On the 15th November something had happened. Can you explain to the court what happened?
Prosecution: Now, did the police at any moment ask you to verify with HSBC?
(Unacceptable, the police asked the person making the accusation to produce evidence from a third party (HSBC) when it should have been they who approached the bank for this information. John Dalli had a very close relationship with HSBC. On the 14th April of the same year John Dalli sold the largest nationalised bank (Mid Med Bank) to HSBC. He sold it for a pittance without authority (THE BANKS WERE NOT IN JOHN DALLI’S PORTFOLIO) behind the back of the public and the cabinet. John Dalli and those involved allegedly received a substantial commission (backhander).
(The fax from HSBC presented to the court, as evidence was not certified as authentic by anyone. Dalli could have fabricated it. However, the court and the prosecution accepted it without question).
Magistrate: The witness is looking at document RC18. Questions from the prosecution. The civil action reserved its questions.
John Dalli: No because if this was my account I would have known.
(Here, John Dalli has made a slip-up by confirming that he did have an off shore bank account at some time. He does not produce evidence when the account was closed or what the balance was. Must keep in mind that in April 1999 John Dalli sold Mid Med bank without authority to HSBC. Dalli did not produce evidence to confirm the dates in which residence he was living at the time).
(There were many discussions between Dalli and Ellul Grech, mainly about Daewoo and the irregularities that happened there while Dalli was a consultant and continued after he had left. Dalli assumed that it was the defendant that sent the fax but never proved this nor did the police. The original fax was never produced as evidence in court. The police did not find any fax machines at the defendant’s home either. For the second time Dalli confirms that he gave a copy of the bank statement to the defendant. The defendant took it home with him and the police found it on his desk. The defendant never admitted that he faxed it.There was no evident that the defendant had faxed the document. This was the only evidence the prosecution base its case on. The defendant had taken home the document with him and it was left on his desk. The police submitted as evidence).
(The defendant asked Dalli “Is that the way things are going to be?” because he felt threatened by what Dalli had said.
(John Dalli purposely got the dates wrong to correspond with the date (1994) that was on the circulated bank statement. Evidence can confirm that the defendant worked for Dalli from October 1979 – August 1984, thereafter the defendant lived in the UK with his family until July 1995).