Mr Justice Anthony Ellul today dismissed a constitutional application filed by a former Malta Freeport Authority manager against the authority, Malta Freeport Corporation and chairman Mark Portelli.

The court dismissed the application after finding that the applicant had other remedies available to him under the ordinary law of the land. The court said that the law provided that a court could decline to hear and decide upon a constitutional application if there were other ordinary remedies available to a complainant and his claims could be made in terms of ordinary civil law.

Nicholas Cutajar told the court that when in 2006 the post of senior manager became vacant, he claimed he was entitled to this position due to his work experience. But, another manager Ernest Tonna, had falsely accused him of having procured false documents to store dangerous materials.  An internal investigation had found no wrongdoing on Mr Cutajar's part and he had then filed proceedings against Mr Tonna.

Mr Cutajar claimed that Mr Portelli had put pressure on him and had demanded that he withdrew his case against Mr Tonna and, when Mr Cutajar refused to do so, Mr Portelli commenced disciplinary proceedings against him. Mr Portelli then appointed Mr Tonna senior manager.

Mr Cutajar said he worked as subordinate to Mr Tonna until he was due to retire in November 2011 and had suffered continual victimisation.  He claimed that his fundamental human rights to freedom from discrimination, from inhuman and degrading treatment and to freedom of expression had been violated by Mr Portelli and the entities.

The Constitutional court said that case law of the European Court of Human Rights provided that a constitutional action could only be filed by an individual against the state.  Mr Cutajar's action against Mr Portelli in his personal capacity was therefore dismissed. But the case could be heard by a civil court in that matter.