Former European Commissioner John Dalli. Photo: Chris Sant Fournier

John Dalli feels vindicated after the police admitted finding no proof to prosecute him in the tobacco scandal that forced his resignation as European Commissioner.

Mr Dalli has protested his innocence ever since OLAF, the European anti-fraud agency, found what it said was “unambiguous circumstantial evidence” that linked him to bribery allegations.

The former health commissioner was forced to step down last year by European Commission President José Manuel Barroso.

“There is no proof that I was involved and the Malta police have verified this,” he told Times of Malta yesterday.

Mr Dalli said he was now concentrating his efforts on the case he opened in Luxembourg against the commission over his dismissal.

This was a vicious and conscious attack against me by the European Commission and the tobacco industry

“This was a vicious and conscious attack against me by the commission and the tobacco industry.

“At least, today, in Malta my name has been cleared although there was a lot of gossip until just a few months ago,” he said.

On Saturday Police Commissioner Peter Paul Zammit said he had reviewed Mr Dalli’s case with the Attorney General and after “a profound discussion” about it the situation was clear that there was not enough proof to substantiate any accusation against him.

The commission has defended itself over Mr Dalli’s dismissal, citing political reasons that were distinct from any criminal prosecution.

But the former commissioner is not fazed by the argument that distinguishes between the political reasons to justify a resignation and the more stringent proof required for criminal prosecution.

“The commission has to adopt this stand out of necessity as a result of my case against them in the Luxembourg court in which I am claiming there was no basis for my dismissal and which breached all my human rights,” Mr Dalli said, adding he wanted the court to annul the commission president’s decision in his regard.

The police had instituted criminal proceedings against Silvio Zammit, a former Dalli canvasser, who allegedly used his connections to ask for a €60 million bribe from a Swedish tobacco company in return for influencing EU legislation.

Mr Dalli was piloting changes to the tobacco directive and Swedish Match wanted a Europe-wide ban on snus, an oral form of tobacco allowed in Sweden, to be lifted.

The former commissioner has instituted criminal proceedings for defamation against Swedish Match over their claims on meetings held with him that “never took place”.

He insisted that an in-depth reading of the OLAF report showed that the chronology of events submitted by Swedish Match showed there was a plot being hatched against him.

He cites as evidence the admission by Swedish Match that they had contacts with Catherine Day, a high ranking commission official known to be against the tobacco directive, about his case before they submitted a written report with the allegations. The report eventually prompted the OLAF investigation.

But Mr Dalli yesterday refrained from commenting on whether OLAF head Giovanni Kessler’s position was tenable in view of the police conclusions. “I am biased and I will not say what he should do but it is a question of decency.”

OLAF came under renewed attack yesterday, with a German MEP describing its actions in the Dalligate saga as “bankrupt”.

German European People’s Party MEP Inge Grässle said the admission by the police was “a declaration of bankruptcy” for the work of OLAF director general Giovanni Kessler.

Ms Grässle, coordinator of the EPP group in the European Parliament’s Budgetary Control Committee, said it appeared OLAF had no criminal evidence against Mr Dalli.

“The alleged ‘circumstantial evidence’ gathered by OLAF director general Kessler against John Dalli is now laid bare as unfounded suspicion without legal substance,” she said in a statement.

Ms Grässle said the police’s announcement was testimony of the “unprofessional work” of Mr Kessler, who “disregarded” internal standards for investigations.

He must now give detailed testimony to the European Parliament’s Budgetary Control Committee about “his dubious investigation methods and his obviously false statements on the Dalli case,” she insisted.

Alternattiva Demokratika acting chairman Carmel Cacopardo said in a statement he was satisfied with the Police Commissioner’s declaration. However, Mr Cacopardo said that, at this stage, it was pertinent to query all Maltese MEPs and ask them to explain their silence on the matter.

“They have remained silent and left other MEPs, primarily Green MEPs in the European Parliament, to query the questionable operations of OLAF,” he said, adding they also failed to support proposals for an investigation to be carried out into the matter by the European Parliament.