Fact-check: A look at the case of AFM promotions

Over the past few days, a lot has been said about promotions to the higher echelons within the Armed Forces of Malta.

Unfortunately, this is yet another case of missing the wood for the trees whereby a spotlight is being placed on a set of carefully selected parts instead of the whole story. I will not speculate as to why this is being done or the hidden agenda behind this smear campaign as I believe that it is not my place. However, I cannot stand idly by while the good name of our Armed Forces is dragged through the mud so allow me to set the record straight.

Back in September 2013, seven individuals were promoted to the rank of Colonel. Eventually, a complaint by four lieutenant colonels was filed to the Ombudsman over the promotion of only four out of the seven promotions. The claim stated that they were skipped for promotion to Colonel, that the promotions were given to others who were behind them on the scale and, worse still, they were awarded without a proper selection process. Surely, everyone has the right to file a case with the office of the Ombudsman, after all, this is one of the pillars of a well-functioning democracy. Yet, another feature of a strong democracy is for the defending parties to have the opportunity to deliver counterarguments during proceedings. In the Ombudsman’s investigation, the Ministry for Home Affairs and the AFM were not afforded the possibility to be there when witnesses were testifying and pose questions in cross-examination.

It is also peculiar to note as to why the Ombudsman concluded that the selection process for these four individuals was vitiated. Surely, if this was the case then the entire process would have been invalidated, not just four out of the seven promotions. This conclusion raises a lot of questions but leads me to another curious point. In his report on the 10th June 2020, Ombudsman Mifsud stated that the promotions which took place were part of an accelerated process to benefit the favoured few. Once again, this does not reflect the reality of the circumstances.

At law and in practice, there is no minimum time one needs to spend in the rank of Lieutenant Colonel before being promoted to Colonel; as at that point in one’s career one would have served long enough to prove his or her mettle. Another point is that seniority by a few years does not lead to an automatic right to being promoted further. Qualifications and specialisations outdo seniority not just in the Armed Forces but everywhere else be it in the public or the private sector. If you take a look at the qualifications of the officers who did receive a promotion, one can easily recognise that they excelled in their fields and deserved to be promoted.

It was very disappointing to see that in the articles published on the subject, reference to the judgement of the Superior Civil Court is entirely absent. This judgement, which is dated a few days later from the Ombudsman’s opinion, plainly contradicts the considerations made in the report. The Court is unequivocal in saying that the qualifications and experience of Commander Jeffrey Curmi and Deputy Commander Mark Mallia made it justifiable to promote them, instead of the plaintiff in the case. More importantly the Court observed that in basing its decision, it cannot rely on suspicions or doubts but on concrete evidence.

Since 2013, this Government has worked to ensure that all disciplined forces are equipped with a strong foundation and administrative structure which regulates internal movement according to a set of standard procedures. Under a Nationalist government, this did not exist and led to many injustices which are still being dealt with today.

It might be convenient for some to forget however, prior to 2013 there are records of officers being promoted to Lieutenant Colonel and Colonel without their even being a vacancy for them to fill and of officers who still made their way to Colonel and higher despite being turned away from military academies with unfinished courses. This was the reality within the Armed Forces of Malta under the previous administration, one which a Labour Government made its utmost to end once and for all. As a result of the established procedures regulating internal movement, complaints have drastically decreased since the rules are the same for everyone.

In politics, credibility is your most important asset. As a government, we have proven that we are committed to implementing the necessary reforms to ensure good governance. We are consistent and credible. Our track record speaks for itself.