The Malta Independent 5 May 2024, Sunday
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Sacked for criminal association, cleared on a technicality, now a VAT Director

Malta Independent Sunday, 19 January 2014, 10:00 Last update: about 11 years ago

A former police inspector who was sacked for allegedly having contacts with criminals but was later cleared on a technicality, has been given the post of Director of Operations with the VAT Department, The Malta Independent on Sunday has learnt.

Ivan Portelli was sacked from the Police Corps in 2001, along with David Gatt and Michael Buttigieg over their alleged involvement with criminal activity. Allegedly, former Police Commissioner John Rizzo had stumbled on their involvement while the police were tapping conversations of suspects on the €2.3 million robbery in 2000. According to newspaper reports, the transcripts revealed ongoing contacts between the suspects and the officers. There were also specific references to the heist and the big car chase that had followed.

In an interview with The Times in 2010, Mr Portelli had claimed that “he had made an appointment with a police informer on his yacht”. The day before, Mr Portelli had been instructed to search the house of a certain Jack Farrugia when he had seized some documents. When he boarded the informer’s yacht, Mr Portelli was surprised to find other people, including Judge Godwin Muscat Azzopardi, Mr Justice Lino Agius and Mr Farrugia. The day after, Mr Grech (the former Police Commissioner) accused Mr Portelli of being in the company of an individual; (the informer) and in May 2001 he was dismissed. However, Mr Portelli said he had not been informed of any charges against him.”

 

Former officers were cleared on technicality

In April 2009, a court cleared the three former police officers on the grounds that the principles of natural justice were not observed. Commissioner Grech had recommended the Public Service Commission to dismiss the men but the court said that the PSC had not informed the three men of the procedures against them or given them the opportunity to defend themselves. One of the fundamental human rights was the right to have a fair trial and to be given the opportunity to present a defence. This principle had not been observed in the case of the three men, the court said. As a result, their dismissal was declared null and void. The decision was confirmed by the Constitutional Court in 2010, following an appeal by the Prime Minister and the Commissioner of Police.

 

Men wanted Rizzo to resign, Fenech Adami to apologise

Following the lost appeal, former Prime Minister Eddie Fenech Adami refused to apologise to the three men – as requested by them – insisting that they had only been cleared because of a technicality.

Dr Fenech Adami had told The Times: “I acted in terms of the office I was holding. The fact the court has ruled in their favour on a technical issue doesn’t change my view of what was done then.”

At the time, the Justice Ministry had also noted that the judgement was “strictly procedural”. A spokesman had also noted that two of the men had opposed the presentation of tapes and transcripts in court in “an indication that they hardly had nothing to hide”.

Apart from demanding an apology from Dr Fenech Adami, the three men had also called on Commissioner John Rizzo – whom they held responsible for their dismissal – to resign.

 

Director ‘given the side’ to make way for Portelli

The court had ordered their reinstatement into the Police Corps but the men did not choose that path. Former Inspector David Gatt has since become a lawyer. He has since been arraigned in court on suspicion of being the mastermind behind the 2010 HSBC robbery and another hold-up in Attard later the same year. According to reports, Mr Buttigieg and Mr Portelli were “in between jobs” in 2010, but it now seems that Mr Portelli has been given a sensitive role in the VAT department.

Informed sources told this paper that somebody high up in the government had cleared a path for Mr Portelli. The former Director of Operations, Joanne Hafley, who was described as a very competent person, was “given the side” and Mr Portelli replaced her. “What tax experience does Mr Portelli have?” our sources asked.

They also noted that his “central role” gives him access to sensitive and personal customer data.

Another source said: “The Labour Party made a lot of noise when the VAT Department was being investigated. And now the government has given an important role to a person who, although is not guilty of anything in the eyes of the law, certainly has a lot to answer on his conduct within the Police Force.” The Director of Operations in the VAT department has jurisdiction on highly sensitive information pertaining to people of all walks of life. Such information is not available to the police unless a warrant is issued under strict internal surveillance. “That a former police official who was linked to shady operations by the former police commissioner and later cleared on a technicality surely raises eyebrows,” concluded a very scared and worried source in the VAT Department.

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