Press notice

21/03/2013

This is an expanded version of the OLAF Press Notice originally published on 21 March. OLAF is issuing this expanded notice in order to respond to further unfounded allegations and misrepresentations of facts relating to the case concerning Mr Dalli. Additions are underlined.

OLAF is issuing this Press Notice in order to clarify a number of allegations which are currently circulating about its investigation concerning the former Commissioner Dalli. 

OLAF rejects the suggestion that it has failed to respect fundamental rights or has otherwise breached procedural rules during this investigation and in the transmission of its Final Report to the Maltese authorities.

 Specifically

• OLAF denies that it has attempted to influence the evidence given by any witness.  All evidence was collected lawfully.
• OLAF denies that it has conducted wiretapping or has illegally recorded telephone conversations.
• OLAF denies that it has fabricated, manipulated or concealed any evidence.

OLAF emphasises that its actions as an independent investigative body are subject to the jurisdiction of the European Court of Justice.  Only the Courts have competence to determine whether or not breaches of the law have taken place.

OLAF is not able to discuss these allegations in more detail since that would require the disclosure of information which is confidential while judicial proceedings are taking place in Malta. 

OLAF regrets that selected  items of information from confidential reports have been disclosed inaccurately, out of context and in a distorted fashion in an attempt to create a misleading impression of the facts which are currently sub judice.

Recent press articles report on facts which are presented as new and relevant to the outcome of the investigation. Although OLAF's ability to disclose information relating to investigations is limited by law, OLAF is able to state that it was fully aware of these facts before it concluded its investigation and that its Final Report was drafted accordingly.  OLAF's Final Report is complete and accurate, and does not in any way distort or manipulate the evidence . 

Finally, OLAF draws attention to the risk that political interference in ongoing judicial proceedings may affect the independence of judicial and investigative bodies and harm the rights of individuals.