Om­buds­man’s le­gal vic­tory against Home Min­is­ter con­firmed on appeal

Malta Independent - - FRONT PAGE -

The Court of Appeal yes­ter­day con­firmed that the Om­buds­man has au­thor­ity to in­ves­ti­gate com­plaints by army of­fi­cers.

The case had been in­sti­tuted by for­mer Om­buds­man Joseph Said Pul­li­cino against the Home Af­fairs Min­is­ter and permanent sec­re­tary.

The first court, presided by Mr Jus­tice Lawrence Mintoff, had re­jected the ar­gu­ments made by then Home Af­fairs Min­is­ter Man­wel Mal­lia, who ar­gued that the law pre­cluded the Om­buds­man from in­ves­ti­gat­ing com­plaints by Armed Forces of Malta of­fi­cials be­fore these have ex­hausted all other av­enues to seek re­dress.

The dis­pute was about a num­ber of con­tro­ver­sial pro­mo­tions given out in Septem­ber 2013, most no­tably that of Jef­frey Curmi, who ob­tained four pro­mo­tions from ma­jor to bri­gadier.

Dr Said Pul­li­cino had ar­gued he was not be­ing al­lowed to look into the mat­ter, with Dr Mal­lia in­sist­ing that the Om­buds­man had no ju­ris­dic­tion over army of­fi­cers.

The Court of Appeal, presided by Chief Jus­tice Sil­vio Camil­leri, Jus­tice Gian­nino Caru­ana De­majo and Jus­tice To­nio Mal­lia, yes­ter­day re­jected the Home Af­fairs Min­is­ter’s appeal.

Lawyer Henri Mizzi ap­peared for the Om­buds­man and lawyer Vic­to­ria But­tigieg for the ap­pel­lants.

The dis­pute was about a num­ber of con­tro­ver­sial pro­mo­tions given out in Septem­ber 2013, most no­tably that of Jef­frey Curmi, who ob­tained four pro­mo­tions from ma­jor to bri­gadier

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