While Silvio Zammit risks jail time and former EU health commission John Dalli is still under investigation, the witness to the prosecution, Gayle Kimberley, has largely escaped scrutiny.
But EUobserver has seen phone records and emails which do not appear in Olaf’s report and which indicate that Gayle Kimberley had a bigger role in the affair than she admitted.
The source said the evidence has been handed over to the Maltese police but it has not yet been presented in Malta’s court.
The source added that investigators could have missed some of the messages because they were sent from Kimberley’s iPhone and might not have showed up in the sent items folder on her computer.
“The Olaf Press Office can confirm that Olaf did not check Ms Kimberley’s iPhone email messages. This is because Olaf has no competence or powers to check the messages of persons that do not work for the EU Institutions,” the EU anti-fraud body later told this website.
It said so despite the fact that Kimberley, while on sabbatical in Malta, was still technically employed by the EU Council.
EUobserver also contacted Kimberley to authenticate the new material. But she declined to discuss it.
Nikolaj Nielsen