The Commission and Kessler knew very well that the investigation by OLAF against me would not hold water under scrutiny. That is why the report was not given to the Supervisory Committee for scrutiny before it was distributed. This is also why the European Court did not examine the actions of OLAF in my case for unfair dismissal relying only on Barroso’s testimony. Even worse, the last judgement of the European General Court is so outlandish that it cannot be attributed to stupidity.
This is also the reason why the Commission has prevented the Belgian police from interrogating OLAF staff and Kessler. The Belgian Police tried for three years to continue with their investigation when investigating a report I made against Swedish Match and OLAF for defamation. They interrogated several Swedish Match employees as suspects, but they could not interrogate OLAF staff.
This immunity does not seem to bother the corrupt media in Malta, or the fake crusaders who have been recruiting political mercenaries to destroy our country.
Finally on the 2nd March 2016 the immunity of OLAF was partially lifted, retaining his immunity for the illegalities he committed in his fraudulent investigation against me. The Belgian Police took action, interrogated him and arraigned him, and Swedish Match employees in the court of first instance in Brussels. This was not given any importance by the corrupt media in Malta.
In the meantime, Kessler kept fighting to get back his immunity.
On the 24th October 2018 the European Court annulled the Commission’s decision to partially remove Kessler’s immunity and granted him full immunity. The Commission appealed.
On the 12 Nov 2018 The Secretary General of the Commission, Martin Selmayer wrote to the Federal Prosecutor of Belgium to inform him of the decision of the Court to restore the immunity of Kessler and to reconsider the action pending against him. In other words to stop the proceedings before the court.
On the 20th November 2018 Paul Gerard, the Federal Prosecutor, who took over from Jean Pascal Thoreau as prosecutor in the defamation case wrote to Olivier Anciaux, Investigating Judge, to inform him about the letter by Selmayr. Thoreau kept no stone unturned to stop the proceedings against Kessler before taking the job as deputy representative for Belgium in Eurojust.
On the 18th of June 2020, the European Court of Justice overturned this decision on the basis that:
“The privileges and immunities enjoyed by civil servants are conferred exclusively in the interests of the Union. Subject to the provisions of the protocol, individuals are not exempt from fulfilling their private obligations, nor from complying with existing police laws and regulations.”
The case was returned to the European Court for review of their decision.