Two of the three high-profile “protected witnesses” whose allegations before an anti-corruption prosecution prior to 2019 implicated 10 former top office-holders – prime ministers, health ministers and finance ministers – in a kick-backs investigation targeting Novartis’ subsidiary in Greece were convicted on Monday of a single misdemeanor count of giving false witness (making false claims).

The allegations, made over several months and in confidential testimony before the specific prosecutor, Eleni Touloupaki, and her associates, never resulted in the former filing even one criminal count against the 10 after years of investigation by her office.

Instead, on Monday a single justice Athens misdemeanor court handed down a sentence of 33 months and 25 against Maria Maraggeli and Filistor Destabasidis, respectively. The sentences are suspended for three years, meaning that barring any other criminal conviction the pair will remain free.

The same individuals were reportedly instrumental in the US Justice Department imposing a massive fine on the Swiss pharmaceutical giant for kickbacks and bribery in a handful of countries, including Greece.

Nevertheless, the Justice Department investigation and subsequent admonishment of Novartis cited physicians and hospital administrators at Greek state hospitals, and not office-holders.

The controversial judicial investigation in Greece, however, skated over the possible wrongdoing of physicians and state hospital administrators and focused on politicians, practically all considered as “rivals” of the SYRIZA-ANEL coalition government in power at the time (2015-2019).

The only mitigating factor recognized by judge was a previously unblemished criminal record by the two defendants.

Both Maraggeli and Destabasidis were employed by Novartis Greece in the past, the first as the secretary of the one-time chief of the multinational’s Greek subsidiary, and the second as a high-ranking executive. The courts had first stripped their “protected status”, i.e. anonymity vis-à-vis public opinion and especially the individuals they accused of wrongdoing.

Witnesses for the prosecution included former prime minister Antonis Samaras, former government deputy premier and top minister Evangelos Venizelos, former finance minister and current Bank of Greece (BoG) Gov. Yannis Stournaras and Adonis Georgiadis, a former and current health minister.

All of the former witnesses charged that the lengthy investigation against them, which revolved around the allegations made by the two former protected witnesses, was a judicial “conspiracy” hatched by the SYRIZA-ANEL government to impugn their political career.

First reactions

In a first reaction, Samaras said that the justice system shouldn’t only punish the perpetrators, but also should reveal the “masterminds” behind this case, who he said, “planned and orchestrated the Novartis conspiracy.”

In his reaction, former PASOK party leader and long-time minister Evangelos Venizelos, a constitutional law professor by training, said the conviction was a step that was taken “unfortunately, with great delay.”

At the same time, he pointed out that the “architects and the first puppeteers behind this conspiracy have escaped judicial scrutiny.”