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Defence: I am going to ask you the question in a different manner. You first asked John Dalli if it was true that the defendant used to look after his financial affairs.
M. Cassar: He told me that Mr. Ellul Grech used to receive them.
(This is contrary to what Dalli said in his witness when asked the same question. Confirmation that the defendant used to receive the bank statements with John Dalli’s consent on his behalf).
Defence: Meaning John Dalli told you that Ellul Grech used to receive them. But with his consent?
M. Cassar: I did not ask him.
(Here witness contradicts himself in an effort to cover up for Dalli. Another confirmation of how amateurish this senior police officer is).
Defence: But did he tell you if he authorised the receipt of these documents?
M. Cassar: I did not ask him.
(Lack of seriousness in the investigation. Any competent investigator would have asked such a vital question).
Defence: Didn’t he say anything if he authorised the receipt of this paperwork, John Dalli?
M. Cassar: No the defendant himself had told me that he used to receive them.
Defence: No I already know that. Now I am asking you if you had confirmed with honourable John Dalli that Ellul Grech in fact used to look after his financial affairs?
Defence: Meaning that John Dalli did not deny that he had this account with the Midland Bank Trust Corporation Jersey Ltd in the eighties.
M. Cassar: Yes.
Defence: Now this document RC4 that is divided in three documents is it false or original?
M. Cassar: No that is original.
Defence: How could you say that?
M. Cassar: I am now saying that John Dalli told me.
Defence: So the Onor. John Dalli told you that these are original.
M. Cassar: He told me that he had an account that existed. This was being sent to homes, that is doc RC18. However when he showed me….
Defence: Stop mincing your words. I was asking on that one.
Magistrate: The defence is referring to document RC4.
Defence: Now if document RC4 was the one that Minister John Dalli told you that it was authentic.
M. Cassar: No, no. When I spoke to Minister Dalli and…
Defence: But that is what you have just said.
M. Cassar: No dear.
Defence: No not dear. I am not your dear. That is what you said.
M. Cassar: Can I explain because we do not seem to agree one small bit so far. I either give full reply I will not reply at all. Can I give a full reply? I said and I know what I said that when I spoke to Minister Dalli and he gave me a copy of the one that was being and a copy of that bank statement he told me yes that account existed.
Defence: No hang on please allow me.
M. Cassar: I said that when Dalli showed me the first statement that was a forged he told me that the account existed and was authentic. The account looks like it was fabricated, this one looks good (original).
(The defendant gave the statement confirmed as original to the police. This was testified earlier in his witness).
Defence: Now did you ask or did he show you a document Minister John Dalli?
M. Cassar: No. I showed them to him.
Defence: You. What were his comments abut them?
M. Cassar: For example he gave an indication on the amounts.
Defence: Did he tell you that it was forged? (The statement identified as original).
M. Cassar: No he did not tell me that it was forged.
Defence: Now I am waiting for document RC17 the one that is being said that it is forged. Right you are bringing charges on the basis of RC18, which is a letter from HSBC?
M. Cassar: Before I had that letter I had confirmation from the minister that these documents were forged. That there was some discrepancies in it that indicated that these documents were fabricated. To this I insist and confirm that what the minister was saying and asked him to get confirmation from the bank and the confirmation arrived.
Defence: You asked for a confirmation from the bank. Why didn’t you go to HSBC in Malta? In your investigations was there any reason why you did not approach the bank yourself. Don’t you think that HSBC could have given you a more accurate reply than Minister John Dalli?
M. Cassar: No. I felt that the complaint came from Minister Dalli. John Dalli was making the allegationsand John Dalli insisted on the complaint after all we are not here to look after the interest of any political party. But to make sure that justice is done. (It is the investigating officer’s duty to gather evidence. Relying on the plaintiff to provide such crucial evidence indicates lack of professionalism and creates an opportunity for the plaintiff to provide misleading evidence. In April 1999 John Dalli had sold the Mid Med Bank to HSBC. He therefore had contact with the bank’s highest officials. The letter from HSBC claiming to confirm that the document was forged was never confirmed as authentic. Michael Cassar made sure that John Dalli’s allegations were looked into despite the lack of evidence. Earlier in his witness Michael Cassar confirmed that the defendant, during questioning, accused John Dalli of organising the sending of theanonymous letters and other allegations. Unfortunately Michael Cassar’s sense of justice did not apply to the defendant’s allegations against John Dalli).
M. Cassar: I took John Dalli’s word plus the confirmation from the defendant and from the items found for example the document we found at his house which he confirmed that he scanned half of it. He had used it and faxed it to the Prime Minister, Josef Bonnici and minister Dalli.
(The witness is lying. Her never provided any evidence that the Prime Minister and Josef Bonnici received such faxes. The defendant did not own a fax machine. If the defendant owned a fax machine the police would have seized it for evidence).
Defence: You mean you took John Dalli’s word for it?
M. Cassar: I took John Dalli’s word plus the confirmation from the defendant and from the items found for example the document we found at his house which he confirmed that he scanned half of it. He had used it and faxed it to the Prime Minister, Josef Bonnici and minister Dalli.
(The witness is lying. He never provided any evidence that the Prime Minister and Josef Bonnici received such faxes. The defendant did not own a fax machine. If the defendant owned a fax machine the police would have seized it for evidence).
Defence: What did he fax to minister Dalli, the Prime Minister and Minister Jose Bonnici? Did he fax document RC7?
M. Cassar: The document that is a statement of Midland Bank Corporation, Jersey Ltd that is half a document and marked Doc RC7. (No evidence produced to support the witness’ claims).
Defence: But not RC17 that about it….
M. Cassar: On RC17 he denied. Defence: That document the defendant never sent it to the Prime Minister, or to John Dalli or to Josef Bonnici or any one else?
M. Cassar: When we were at his house he said that he had sent it to some one. He did not want to give an indication to whom. Meaning he verbally admitted that he had given it to someone to use. (No evidence provided to confirm the witness claims).
Defence: Document RC7 was never circulated?
M. Cassar: I am telling you that he sent it to the Prime Minister and Minister Josef Bonnici.
Defence: Yes, but except for the Prime Minister and Minister Josef Bonnici that document has not resulted that was elevated from the public.
M. Cassar: Legally I did not have to go round Malta to see to whom he had sent it.
(This is the way that a professional high-ranking police officer conducts a very serious investigation. His determination to convict an innocent person has no limits).
Defence: As a state of fact document RC7 was distributed to the general public?
M. Cassar: Yes. Isn’t the Prime Minister party of the general public?
(Why wasn’t the Prime Minister summoned to give witness?).
Defence: No. Excluding those three.
M. Cassar: No excluding those three no. Hang on I want to correct myself. Because while we were at his home he said that he had sent it to someone but he did not want to say to whom.
Defence: On which document is your case based? RC7 or RC17? When John Dalli spoke to you and asked you to start your investigations, which document was he referring to, RC7 or RC17?
CONTINUED ON PAGE 6
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| Michael Cassar Ass. Police Commissioner - His Biased Witness - Page 23 |
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