BELOW IS A TRANSLATION OF JOHN DALLI’S WITNESS IN THE CRIMINAL PROCEEDINGS. FURTHER DOWN THERE IS A COPY OF THE ORIGINAL TRANSCRIPT IN MALTESE.
In the Magistrates’ Courts of Malta
Being a Statutory Court
Magistrate Dr. Noel Cuschieri BA., LL.D
Today 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.
Defence: Can I see the document? So Honourable I am showing you document RC17 can you tell the court, that document is it all forged or does it have parts of it that are forged? If it is all forged, state if it is all forged or if part of it, tell us the part that it is forged?
Defence: Falsified in which way?
Defence: Yes but falsified in which way?
Magistrate: What is in that document that is bad information?
John Dalli: The address is wrong and I have no idea about the transactions. It seems that from the HSBC document it cannot be really compared with the part of the statement there is here.
Magistrate: Ask questions on that account and on the letter.
Defence: Good. When you noticed that document was falsified Honourable Dalli. Could it be because you never had a banking relationship with Midland Bank and of course naturally this could not exist in the real truth and it could be that you had a banking relationship with Midland Bank Trust Corporation Jersey Ltd but not in the was that is being presented in this document.
John Dalli: The truth is that the account number that is specified in that document could not have been used with those transactions because the account number stopped being used in 1987 and the transactions show transactions in 1994. The account number stopped being used in 1987 and I started to reside at that address in 1990. That could not be true because…
Defence: So we are agreeing that the second one did exist and that there was a banking relationship but not in the way that it is being projected on this document.
John Dalli: No it could not have been in the manner it is presented in that document because in that document exists a contradiction in it. What I am saying is not a dispute… because those documents contradict themselves.
Defence: Was there an account with Midland Bank Trust Corporation Ltd where you had funds invested in your name and this document was fixed and falsified and its result is this document RC17. Do we agree?
John Dalli: Yes that is it because that account stopped being used in 1987.
(Here Dalli is confirming that he had undeclared funds in the said account.)
Defence: So there is a document in your possession or in the possession of HSBC that could be said that it is that document that has been altered and that it could be presented to this court either by you or from the Bank.
John Dalli: Now what has that got to do with it? (It’s got a lot to do with it).
Defence: But you and HSBC are agreeing that it cannot be good (true).
John Dalli: But HSBC did not get involved regarding the address Mr. Magistrate.
Defence: But you are saying? Meaning that 272 Main Street, Balzan cannot be. But John Dalli esquire on the address could be?
John Dalli: It could.
Defence: I wish to suggest to you that not that it could be, but is.
John Dalli: John Dalli? Yes it is.
Defence: Now, meaning that J. Dalli esquire is real and is taken from one document?
John Dalli: Now look here. It is the document I want to see Mr Magistrate.
Defence: So RC4 and RC5 what have you to say about them?
(One of these Midland Bank Trust Corporation Jersey Ltd., is addressed to J. Dalli Esq. C/o J.E. Grech (being Joseph Ellul Grech and his UK address).
(John Dalli returned to Malta late 1979. The statements were dated 1984 and 1985. One dated 27/9/84 with a balance of US $ 46, 129.09. The other statement was dated 30/4/85 with a balance of US $62, 504.90. This confirms that John Dalli was using the account long after he returned to Malta. It also confirms that Dalli was using the account and making deposits during the period he was in Malta and not declaring it).
(Dalli is admitting that he had an active account earlier in 1994. In April 1999 John Dalli had sold Mid Med Bank, the largest bank in the Maltese islands to HSBC. HSBC was the same bank that took over the Jersey bank where Dalli had his off shore account. He had sold Mid Med Bank for a pittance without authority behind the back of the cabinet. Allegedly John Dalli and the other two involved with him received a substantial commission which is normal practice in a takeover like this).
(Second admission that he did have a banking relationship prior to the end of 1994. So by his admission he did have an off shore bank account prior to the end of 1994 that he did not declare in his tax returns or his Parliamentary Declaration of Assets).
(Dalli pretends he could not remember. The bank could only send their correspondence to a particular address if they were instructed to do so by the account holder i.e. him. Any instructions to a bank are screened before being implemented).
(John Dalli and the defendant had known each other since early 1950's).
(The defendant did not make any statements to the police. The police concocted several statements and the defendant refused to sign them)
(John Dalli starts to back track on what he previously said because he was lying).
(Dalli confirms that he gave the document to the defendant. This was the only evidence submitted on which the prosecution based its entire case. The original fax that was received by Dalli was never produced as evidence in court. Neither was it proved that the defendant faxed any documents to anyone. This also confirms that Dalli had the document before the defendant had it).
(This period gave Dalli enough time to forge the bank statement and organise a group of people to send the letters. Sending 20, 000 sealed envelopes with three A4 sheets and a six cents stamp stuck on them there must have been a number of people involved. This also gave Dalli the opportunity to distract people’s attention from the Daewoo scandal that was at its height during that period. The media was still asking questions about the sale of Mid Med Bank. Dalli had sold it for a pittance. He was also due to deliver his first austerity budget at that time after his political party brought down the legitimate government of Dr. Sant. During that period Dr. Sant as leader of the opposition was pressing for an investigation into the Daewoo scandal where Dalli had been a consultant for Joe Gaffarena and Joseph Mary Scicluna when he was shadow minister for finance. It was during that period that BOV (a nationalised bank) authorised millions of Euros in loans and overdrafts using very little collateral).
John Dalli: Is falsification.
Defence: Honourable Dalli here is this person being accused to date and you do not know if it was a large organisation?
John Dalli: No I do not know.
Defence: That is all from the witness.
Magistrate: The defence reserved cross-examination ulterior. Civil action examination.
Prosecution: The fact that there is a document that is altered and shows discrepancies of money that you do not have, does this hurt you?
John Dalli: It hurts me a lot. (HYPOCRITE)
Prosecution: No more questions.
Magistrate: That is all. Cross-examination ulterior reserved.
This is the witness of the Honourable John Dalli dictated by him.
I declare that the transcription is in good faith and faithful and to the best of my ability transcribed from the tape.
|John Dalli - His 3rd False Witness P2|
|John Dalli - His 3rd False Witness P3|
|John Dalli - His 3rd False Witness P4|
|John Dalli - His 3rd False Witness P6|
|John Dalli - His 3rd False Witness P5|
|John Dalli - His 3rd False Witness P8|