Gives details of investigation into judges' bribery case
The police commissioner yesterday told the Magistrates' Court he had been given Lm5,000 by a priest who received the money during confession, and said he felt he should exhibit them in the case against two judges charged with bribery because it was the...
The police commissioner yesterday told the Magistrates' Court he had been given Lm5,000 by a priest who received the money during confession, and said he felt he should exhibit them in the case against two judges charged with bribery because it was the only case he had investigated over the past six months which involved an equivalent sum of money.
John Rizzo promised to exhibit the money at the next sitting and said he could not tell whether the money was related to the case or not because the priest, being bound by the secrecy of the confessional, had not been able to give him any indication of the origin of the money, the nature of the crime or the identity of the victim, if one existed, so that he could at least return the money.
The commissioner yesterday also exhibited tapes containing recordings of statements released by the judges, a 278-page transcription of Judge Noel Arrigo's statement in two volumes and a 145-page transcription of Judge Patrick Vella's statement, the Lm5,000 returned by Judge Patrick Vella to the commissioner, without prejudice, a bank statement of Judge Vella's account and two cell phones belonging to each of the judges.
The exhibits were presented just before Mr Rizzo stepped off the witness stand after taking over an hour to explain how the investigation was initiated and how it developed.
The commissioner said it all started when the police were told on July 7 that Mario Camilleri and George Spiteri had been aware of the outcome of their appeal before judgment was handed down two days previously.
The information received by the police alleged that three judges in the Court of Criminal Appeal had been promised Lm10,000 each but that eventually only two were paid Lm5,000 each for their help with Camilleri's appeal
The police started looking into the claims and arrested Mario Camilleri, Pierre Camilleri, Joseph Zammit and Anthony Grech Sant. Judge Noel Arrigo and Judge Patrick Vella were also questioned. The police then spoke to Mario Camilleri.
Mr Rizzo explained how the police learnt that the Camilleris had approached Zammit and Grech Sant who in turn approached the two judges. Zammit spoke to both judges but Grech Sant dealt only with Judge Arrigo.
Although Mario Camilleri had originally promised Lm10,000 to each judge, he eventually decided he did not wish to fork out that much money and halved the amount. He also promised Zammit Lm3,000 for his help.
On the day of the appeal judgment, Camilleri sent his son to meet Zammit with Lm5,000 for each judge and Lm1,000 for Zammit.
Judge Arrigo and Judge Vella each received Lm5,000 while another Lm5,000 earmarked by Mario Camilleri for Mr Justice Joseph Filletti was never given to him because he had never been part of the plot. The third Lm5,000 was shared between Zammit and Pierre Camilleri.
Mr Rizzo explained that Grech Sant and Judge Arrigo were good friends and that was how Grech Sant came into the matter.
Grech Sant told Judge Arrigo he would get Lm10,000 for his help but when he realised that Camilleri was going to renege on his promise, he washed his hands of the matter and told Zammit to go ahead alone.
The police questioned Judge Vella on August 1. He denied everything until he was asked to listen to a recording of a telephone conversation between him and Zammit.
Mr Rizzo explained that the police had learnt that the conversation had taken place while Judge Vella was at Cross Keys in Mellieha.
The judge had called Zammit to make arrangements to pick up the Lm10,000 and was told over the phone that the sum had been halved. He was extremely angry at the news but made arrangements to meet Zammit anyway.
Mr Rizzo said Judge Vella told him "point taken" after hearing the recording and he did not remain as adamant in his denials.
"He started mellowing and eventually replied to our questions, explaining that he had felt under pressure in the circumstances."
He also told police he would return the money, without prejudice, but that he did not want to say anything else and that he wanted to speak to a lawyer.
Mr Rizzo said he remarked to Judge Vella that Camilleri could afford to dish out money, despite having been in jail for some years, because the money had originated from drugs and the judge seemed to chafe at this to the extent that he started cooperating with the police.
The commissioner said Judge Vella phoned his bank manager and requested to withdraw Lm5,000 from his account. He also asked for a bank statement to support his claim that he had deposited Lm4,200 the day after the judgment after spending some of the money, settling some payments at Azzopardi Jewellers of Floriana.
Judge Vella told police he had been aware that another judge was involved in the matter because Zammit had told him so.
Mr Rizzo said he then called the chief justice and asked him to go to police headquarters.
The chief justice told him he was presiding a meeting for judges and magistrates in Gozo in which they were discussing amendments to the Criminal Code.
After that he had another meeting, but he promised to look in afterwards.
Mr Rizzo said that when the chief justice arrived, he was cautioned, as Judge Vella had been before him, and he immediately admitted he had been approached by Grech Sant and Zammit.
Judge Arrigo told police that Zammit had gone to his house to see him but he had refused to speak to him.
He had however eventually come across him in Valletta and Zammit told him how Camilleri had felt betrayed by his lawyers, Dr Emmanuel Mallia and Dr Giannella Caruana Curran, who had advised him to plead guilty on the understanding that he would not be sentenced to more than 10 years in jail but he had been jailed for 16 years.
But Judge Arrigo told Zammit that the lawyers had only been doing their job and the conversation stopped there.
Meanwhile Grech Sant, a childhood friend, had approached him some time before he was appointed chief justice in January.
He had made representations on behalf of a man whose appeal was pending before him but the man was not identified.
Grech Sant had approached him a second time and had explained that he was talking of Mario Camilleri's case.
Judge Arrigo admitted he could have been somewhat indiscreet the second time around, giving Grech Sant information and the impression that he was going to help, but only for the sake of friendship and not for any monetary gain.
The former chief justice also told police that the appeal court had reduced the jail term by four years because the case merited a reduction.
The court had heard submissions by the prosecution and the defence and Judge Arrigo had also held a meeting with the lawyers in chambers.
After the meeting, the punishment was reduced by three years and eventually by another year.
The chief justice explained that he had looked for Mr Justice Filletti in the hope that he would attend the meeting but he could not find him and called Judge Vella, with whom he eventually reached an agreement.
Judge Vella drafted the judgment and gave police a floppy disk with some drafts of judgments handed down on July 5.
There were two drafts of the judgment against Camilleri on disk. One judgment confirmed the punishment and another reduced it by four years.
Mr Rizzo said the drafts were identical in reasoning and showed that the court had originally planned to confirm the punishment.
The commissioner said the changes were communicated to Zammit and Grech Sant and Mario Camilleri was kept informed of what was going on.
George Spiteri also knew that he was going to be acquitted days before the judgment against him was handed down but the judges denied any wrongdoing in his case. They both said his case merited an acquittal because it was built on hearsay evidence.
Judge Arrigo explained that Grech Sant had eventually called him and asked to see him. They met and Grech Sant offered him a gift for the reduction in punishment, on behalf of Pierre Camilleri and Joseph Zammit. The judge said he did not take the gift and gave Grech Sant an earful.
Mr Rizzo said he asked the judge why he had gone to meet Grech Sant and had not declined over the phone and Judge Arrigo said he had wanted to speak to Grech Sant in person.
The judge said he told his general manager, Joe Galea, who had worked for Judge Arrigo's family company for about 20 years, of the incident.
The next day was a Saturday and Zammit went to see him. He also told Zammit off and made it clear he was not to bring him any money or gifts.
Judge Arrigo told the commissioner he had told Zammit he should give the money to the poor if he did not know what to do with it.
He said Galea probably heard the conversation because it had taken place on the stairs.
The commissioner explained that Galea was a trusted member of staff and practically a member of the family.
Galea was questioned by the police and he said Judge Arrigo had told him he had been offered money but did not accept it.
During investigations, the police seized a calendar which showed that Galea had been in Comino on the Saturday Zammit was meant to have gone to see Judge Arrigo.
The police sent for Galea again and faced him with this information but he at first denied it.
He eventually admitted he had been in Comino and explained that he had been asked to say what he said by Judge Arrigo who had asked him to provide him with an alibi.
Galea said the judge had discussed developments with him and had even called him a number of times from Gozo.
The general manager told police that Judge Arrigo had in reality told him that he had refused the gift offered by Zammit but had accepted the one offered by Grech Sant.
The gift was Lm1,500 in Lm20 notes and Judge Arrigo had confided that he was worried that the notes could have been numbered and possibly used against him in the future.
Mr Rizzo said Galea was in tears throughout the interrogation and was extremely concerned that his statement could get the judge into trouble.
The commissioner said he sent for Judge Arrigo a second time and the judge immediately told him, on walking into his office, that there were some things he had said in his previous statement that he wished to correct.
The judge said he had learnt from one of his children that Galea had been in Comino on the Saturday and had realised Galea could not have heard the conversation which had taken place.
Judge Arrigo told police he had probably confused Friday with Saturday but still denied taking any money.
The police commissioner said he then started playing the recordings of the statements released by Grech Sant, Zammit, Pierre Camilleri and Galea and Judge Arrigo decided not to answer any more questions.
Judge Arrigo said he had been aware that another judge was involved in the matter because when he had refused the money, Zammit had told him he was not like the other judge who had taken the money.
Mr Rizzo said he had asked Judge Arrigo whether he had acted on this claim but the judge said he had kept the information to himself.
In the meantime he had been kept abreast of developments in the investigation by his driver and had learnt that a certain Droopy had been arrested with Grech Sant and Zammit.
Thinking that this Droopy might be the person who had approached Judge Vella, he had asked his colleague if he knew Droopy but the judge did not show any signs of recognition at the name.