p2 - Michael Cassar Ass. Police Commissioner -His Biased Witness


M. Cassar:   Minister Dalli. He also said that he had faxed a copy to Minister Dalli, the Prime Minister and Minister Josef Bonici. In fact I also asked him who was the person or persons that could have had a copy of these bank statements and he replied that it could have only been him who could have these bank statements because he used to look after John Dalli’s affairs. In fact I then told him that this comes by itself, you scanned it and sent the letters to some homes and you are also saying that the only person who looked after John Dalli’s affairs, he replied that he sent to Minister Dalli. Meaning that he alleged that it was minister Dalli who had sent these letters. Thereafter I went to speak to Minister John Dalli and asked him to get a confirmation from the bank because it was evident that this was a fabrication. However, I also said to have proof there must be confirmation from the bank. I asked the Minister to give us a confirmation from the bank and this arrived I do not know how many days later. In fact I did not receive it. But I do know about it, it arrived some days ago, or may be to day, if not today then inspector Raymond Cremona got it but I had confirmation from the Minister that this had been sent from there meaning HSBC.

(This confirms the amateurish and biased way that the police handled the investigation. It was the duty of the police to contact HSBC as part of their enquiries. Instead Michael Cassar asked John Dalli to provide the evidence. John Dalli could have submitted anything he wished. To confirm beyond reasonable doubt a representative from HSBC should have been summoned to give witness).

In fact we kept receiving these letters because there was a press release by the Minister where he requested that these letters be passed on to me and in fact I started to get many and many letters.

(This is another confirmation that the letters were still being sent while the defendant was in custody. Joseph Ellul Grech was the only person arrested and investigated).

I passed these to the experts nominated by the current magistrate to have them analyzed. Magistrate Antonio Mizzi also questioned Minister John Dalli. Subsequently we arraigned Ellul Grech in court. I have another small thing to add and I am going to make a reference to the second statement, as I have not mentioned it. I would like to say that on the 16th November 1999 in the evening at about 5.30 in the evening a second statement was taken from the accused this is marked doc RC2 this I can see and recognize and was taken by inspector Raymond Cremona in the presence of PC274 Salvu Cauci. I also informed by inspector Raymond Cremona that on the following day meaning on the 16th November at around 9.00pm the accused had asked for a doctor and the inspector gave an order to take the accused to hospital.

(This is incorrect the prisoner was taken to hospital by three plain clothes police officers from Imsida police station where he was kept in custody because the Valletta lock up was full. One of the officers was a policewoman, Rita Bartolo (WPC46) who happened to be the wife of the prisoners’ doctor. She phoned who ever was responsible and she was asked to contact her husband and confirm that Joseph Ellul Grech did suffer with kidney stones. It was approximately 1.00am when he was admitted to hospital. The duty doctor wanted to keep the defendant under observation. WPC46 Rita Bartolo contacted who ever was responsible who demanded that the defendant be taken back to Imsida police station. The defendant did not sign the statements because they were not his statement. The questioning periods were never recorded by any audio means to confirm their authenticity. Inspector Raymond Cremona had the intention of framing the defendant and concocted the statements).

The accused was taken to hospital and later discharged and was taken back to the lock up. In fact he told that he had moved him from the place where the accused was being kept in custody because he was taken to the Valletta lock up so he was taken to Imsida police station.

(At the time Imsida police station was like a sewer. The station was filthy top to bottom with the occasional rat going by for a walk. The white toilet basins were black with dried excrement. The bed in the cell was must have been picked up from a dump. It is amazing how members of the police force put up with such low standards of hygiene. Conditions that are worse than third world standard).

I also like to add that while Ellul Grech was under arrest he said that some time in the past he had a negative experience while being kept in the city lock up. In fact I told inspector Cremona that he did well so that there will not be any excuses about being psychologically effected by anything. I also wish to add that I was present when the first statement was taken and we offer him a cup of tea however he asked me for water so we gave him some. Inspector Cremona replied that it was tap water and he said that he did not drink tap water because it was bad. He did not say that it was not good for his health simply that it was not good. In fact he later had half a liter bottle and he drank from it. This was bottled water not tap water. If I am not mistaken and I am sure that I am correct he had a cup of coffee or tea. This was because he asked for it not because it was offered to him or because this is what there is because this is what we got. If you want, take it but if you won’t take it that is your affair. However, if he took it, it was because he asked for it. He asked and he was given. Regarding health or not I can say inspector Cremona asked repeatedly if he was well or how he was feeling and he always replied that he was well. So much so I did not notice any disorientation. I mean that I did not know anything about them because I did not see him in that condition.

(This confirms that the police failed in their duty of care towards the defendant while he was in their custody. During the 48 hours in custody the defendant was offered food and drink once. In Malta when in custody the police do not provide food and water. But if the prisoner has any money they may consider meeting the prisoners’ request if he pays for it. The defendant may have looked well but he was under the influence of very strong painkillers).

Court:   Cross examination for the civil part.

John Dalli’s solicitor as civil prosecutor cross examines the witness.

Prosecution:   How do you qualify your investigations?

Court:   At this stage the civil part (John Dalli’s solicitor) exhibited a page of the Kullhadd date 21st November 1999 doc PC. At this stage the civil part withdrew the document PC1. Ask Again?

Prosecution:   How do you qualify your investigations and that of inspector Cremona and the other officers? Was it a serious or wasn't it serious?

M. Cassar:   Like all the investigations I conducted this was serious and I can add that I have never been challenged on the seriousness on my investigation.

(This investigation was definitely not serious. Without any doubt Assistant Commissioner Michael Cassar and his officers colluded with John Dalli and others to frame the defendant. That is very serious). 

Court: Cross-examination (Defence)

Defence:   I am going to ask you one question regarding what happened or did not happen during the interrogation. You have stated here that you were present, while Mr. Cremona under oath said that it was not during the interrogation but during the arrest that he looked disorientated, there were moments when he was walking dizzy and took pills during the interrogations. Now, you under oath you stated that you never saw the defendant dizzy or disorientated. Now I am going to ask you. You and Mr. Cremona during the interrogations as there were two, were you always together?

M. Cassar:   As I have already said I was present during the two interrogations but I was not there all the time. But I can say that I was there for there quarters of the time. However, if you remember well that I said that I do not know, if I said I knew I would be lying. Why? Because the time that was mentioned was between 11.00 and 12.00.

Defence:   Can I interrupt you one moment? If I heard well you said that it is not that you know but that Mr. Ellul Grech never looked dizzy or disorientated. Which is correct? Forget what you said before because there is a lot of difference between the two.

M. Cassar:   I said that he didn’t seem and I say what I saw not what others saw. I repeat myself. I said that at the time that I was there Mr. Ellul Grech who is the defendant never looked disorientated or dizzy or something to that effect.

(Michael Cassar is lying, during the night the defendant was taken to hospital for treatment. Whoever was responsible refused to allow the defendant to stay in hospital under observation as the duty doctor requested. During the second day the defendant was under arrest the defendant was so ill that in the afternoon between questioning time the police had to call a doctor to administer strong painkillers to the defendant. As the most senior officer on the case he must have been informed. This also confirms that the police did not keep any records during their investigations or they did not want to tell the truth).

Defence:   So it is not that you do not remember?

M. Cassar:   No excuse me I said that I do not know. If you wish we rewind the tape and listen to it.

Defence:   Look you said and you are saying that you already said so before that while you were interrogating him you never saw him disorientated or unstable while he was waking etc. Including when he was not being interrogated that he was in the state of disorientation or dizzy? Were you at a stage that you can verify or not. If you were not say that you were not. 

M. Cassar:   No I was not.

Defence:   You were not. That is all.

M. Cassar:   In fact I was in my office and there is a distance because I have to use a car to go there. Because one is at the garage and the other is at general headquarters.

(This confirms that Michael Cassar was away for long periods during the time that the defendant was being interrogated). 

Defence: Mr. Cremona told us that it was after the interrogation that he was disorientated and dizzy, do you remember if Mr. Cremona had told you anything in this sense?

M. Cassar:   No he did not tell me. In fact I got to know about this to day that he was disorientated and so on. Because between 5.00 and 5.30 or at some time he started to talk to him and the defendant looked normal.

Defence:   Do you have any doubt from what Mr. Cremona said?

M. Cassar:   No why should I? No I have no reason to doubt Mr. Cremona.

(Confirmation that the defendant was very ill and under the influence of strong painkillers while in custody. However, Michael Cassar chooses to lie).

Defence:   We can notice the witness credibility your Honour. Because Mr. Cremona is a credible person?

M. Cassar:   Yes. At no moment did Mr. Cremona lie or anything like that far from it. I can only say what I saw during the time I was there myself. I can only say what I saw the time I was there. What inspector Cremona saw during the time he was there all the time and I also add that during the statements I was there but not all of the time the defendant was in custody.

Defence:   I am certain of Mr. Cremona’s credibility as much as yours. Now lets go back to the case. Do you know how many people in Malta and Gozo received these letters?

M. Cassar:   All that I can say is that I received hundreds of letters.

Defence:   How many hundreds/ One hundred, two hundred……

M. Cassar:   I do not know exactly.

(As the highest-ranking officer in the investigation Michael Cassar fails time and again in the credibility of his witness).

Defence:   Could it be thousands?

M. Cassar:   Mr. Chris Farrugia the forensic expert can tell us. I did not count them so that I will not handle them because of the forensic examinations.

(Another confirmation of the incompetent way the investigation was handled. As the most senior officer he should have made sure that he was well informed).

Defence:   During your investigations you spoke to some of the post office representatives?

M. Cassar:   In fact there was a sack full. Yes at one time I was informed that there was a sack full at the post office and these were collected. I sent my chauffer to collect them the sack full obviously with their permission. My chauffeur collected so that there would be no chain of evidence and he delivered it directly to Chris Farrugia. That is why I could not say how many there was.

Defence:   But in this circumstance regarding this sack did you acknowledge it yourself? Did the post office or anyone else tell you where the sack came from?

M. Cassar:   No they did not tell me. Understand me they were at the post office before they were distributed. (But who deposited this sack of letters at the post office? Ellul-Grech was in custody at the time. He certainly did not bring them. Michael Cassar also knew that the only evidence found at the defendant’s home was part of a statement that was given to him by John Dalli a few daysbefore).

Defence:   But naturally they were collected from some letterbox?


Michael Cassar  - His Biased Witness P6
Michael Cassar - His Biased Witness P7

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Michael Cassar  - His Biased Witness P11