Below is a translation of John Dalli’s witness. Dalli had started a civil and criminal case against Joseph Ellul Grech. Further down there is a copy of the original transcript in Maltese. It is noticeable that John Dalli lied under oath. Neither he nor the prosecution had any evidence to support the charges. Dalli’s assumptions and lies were accepted. The Daewoo scandal in which John Dalli was deeply implicated had been reported in the media for many months beforehand.
From all the witness translations published on this site, the irregularities in court procedures and police procedures are evident. There is also a conflict of interest involving the police and witnesses. John Dalli colluded with the police and others to frame Joseph Ellul-Grech in revenge because of Ellul Grech’s reporting of the Daewoo scandal.
In the Magistrates’ Courts
of MaltaBeing a Statutory Court
Magistrate Dr. Noel Cuschieri BA. LL.D
To day 30th November 1999
The Police (Assistant Commissioner Michael Cassar)
Vs
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.
of MaltaBeing a Statutory Court
Magistrate Dr. Noel Cuschieri BA. LL.D
To day 30th November 1999
The Police (Assistant Commissioner Michael Cassar)
Vs
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?
John Dalli: On that day it was a Monday, I received a number of telephone calls from certain people informing me that they were receiving certain papers. According to them there was a statement and that there were certain rumours. I sent for this document that is in front of me marked doc RC17. I immediately recognised that this was a forged document and contacted the police straight away. The police visited me and asked me some questions and they continued their investigations.
Prosecution: Meaning that you on the 15th November you gave a public statement?
John Dalli: Yes, I immediately issued a public statement.
Magistrate: At this stage of the civil action I am exhibiting a public statement that is marked doc PC1. The witness is in court with reference to this document.
Prosecution: After that you left it in the hands of the police?
John Dalli: No, after I made a public statement and said that the case was being handled by the police and the police continued with their investigation regarding this case and I asked the public to pass any letters they may receive to assist commissioner Michael Cassar and I also asked to start forensic examinations to establish who was sending these letters.
Prosecution: In fact do you have any idea how many people received these letters? Was it a small or a large amount?
John Dalli: No, I do not know how many but when I later spoke to commissioner Cassar he told me that they had sacks full. (Liar, in the first witness he gave in front of Magistrate Antonio Mizzi, Dalli stated that there were thousands).
Prosecution: Now, did the police at any moment ask you to verify with HSBC?
John Dalli: Yes they wanted me to have certain facts in their hand, I then contacted HSBC and HSBC had sent a fax that in fact was sent.
(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).
(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).
John Dalli: Now, this document gives facts that in fact that this document could not be one complete document but two documents put together.
Prosecution: In fact this was also decided as a fabricated document.
John Dalli: Of course because this shows the account system….
Prosecution: With whom did HSBC communicate?
John Dalli: With me directly.
Prosecution: For the sake of good intentions can you read it?
John Dalli: This is saying ”further to our communications, I write to confirm that the statement to which you refer to is a fabrication the account number in system as shown on the forgery was last utilised in August of 1987. A reasonable rate of interest applicable to a one-day notice in September 1994.” And in September 1994 are the dates that show that the transactions for this document would have been of 2%. The document here is showing a rate of 9.3% and the rate of interest would have not been available under any type of US Dollar account in the period in question.
(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).
(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.
Defence: No, lets start with the statement that is half and half. The top part, what is wrong with it that is falsified?
John Dalli: In the first instance what is wrong with it is the address because the residence 272 Main Street, Balzan I started to reside there in 1990. When in fact the account was not in existence in 1987.
(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).
(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).
John Dalli: Now the bottom part is fabricated and falsified.
Defence: The defendant Joe Ellul Grech had he faxed you a similar document or a document like it?
John Dalli: I on the 1 September if I am not mistaken, went to the office and my secretary passed me a fax that had the top part only.
Defence: Which had the same address of 272 Main Street, Balzan?
John Dalli: Yes it had the same address.
Defence: Do you know where it came from?
John Dalli: Yes there were some discussions before with Mr Ellul Grech and in fact I assumed that he had sent them and I sent for him. I gave him back the document and told him that he sent it by mistake because it did not belong to me but someone else. He replied “is that they way things are” and I said “yes that is the way things are” and he left my office.
(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).
(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).
Defence: Did he tell you that he had sent it?
John Dalli: He took it back when I gave it to him I am sure he did so because he had sent it.
Defence: Did he tell you that he had sent it?
John Dalli: I did not ask if it was he who sent the document because I assumed that he had sent it to the wrong fax machine, he did not say that it was not him who sent it. He said, “Is that the way things are going to be?” and I said ”Yes that is the way things are going to be.”
(The defendant asked Dalli “Is that the way things are going to be?” because he felt threatened by what Dalli had said.
(The defendant asked Dalli “Is that the way things are going to be?” because he felt threatened by what Dalli had said.
Defence: Was there any reference from him that he had sent other faxes to the Prime Minister or other persons?
John Dalli: No that discussion never took place.
Defence: I am showing you these documents RC3, RC4 AND RC5. These were found at the defendant’s residence. What can you tell me about them?
John Dalli: These are accounts I had overseas.
Defence: Is that one account?
John Dalli: I spent two years working in Brussels and the accounts are from that period when I worked overseas.
Defence: And what about the address?
John Dalli: That’s when I lived at San Pawl Tat-Targa, Malta.
Defence: And the other two addresses?
John Dalli: The other two addresses were holding addresses.
Defence: Belonging to the defendant?
John Dalli: I do not think so. I do not know. (Dalli is confirming that he had off shore accounts with substantial balances. He also confirms that he used holding addresses in the UK (for tax purposes). It is very odd for Dalli to have bank statements sent to a holding address in the UK when he lived in Malta. The defendant had allowed Dalli to use his UK address for correspondence. Dalli had instructed the bank to send their correspondence to the defendants address. The bank statements submitted as evidence 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. Dalli had been living and working in Malta since 1979. Dalli lied when he said he did not know to whom the addresses belonged despite the fact that one of them was addressed to J. Dalli esq. c/o J.E. Grech esq. (being Joe Ellul Grech). The police and the court over looked all this evidence.
Defence: Can you tell me in which manner these could have ended up in the defendant’s hands?
John Dalli: I do not know but the defendant spent some time working for me between 1992 and 1996 if I am not mistaken and could be that he…
(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).
(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).
Defence: That’s all from the witness.
Magistrate: Cross-examination reserved.
This is the witness of the Honourable Minister John Dalli dictated by him.
I declare that the transcript is correct and to the best of my ability from the transcript tape.
Iris Mallia,
Transcriber.
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| John Dalli - His 2nd False Witness P1 |
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| John Dalli - His 2nd False Witness P2 |
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| John Dalli - His 2nd False Witness P3 |
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| John Dalli - His 2nd False Witness P4 |
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