A judge today ruled that the Ombudsman has the authority to investigate complaints by army officers.
Mr Justice Lawrence Mintoff threw out the arguments made by former Home Affairs Minister Manwel Mallia, who claimed that the law precluded the Ombudsman from investigating complaints by Armed Forces of Malta officials before these would have exhausted all other avenues to seek redress.
He was ruling in a case filed by Ombudsman Joseph Said Pullicino against Dr Mallia (the case was continued by present Home Affairs Minister Carmelo Abela) and permanent secretary Kevin Mahoney.
The dispute revolved around a number of controversial promotions handed out in September 2013, most notably that of Jeffrey Curmi, who obtained four promotions from major to brigadier in a matter of months.
Dr Said Pullicino had argued he was being obstructed in considering complaints from AFM officers, with Dr Mallia insisting that the Ombudsman had no jurisdiction over army officers.
The Ombudsman had also told the court he failed to understand why the Home Affairs Minister seemed to be refusing to cooperate in his search for the truth about army promotions and was creating obstacles in every way.
But Dr Mallia insisted in court that the Ombudsman had no authority to investigate complaints by commissioned officers as these had other remedies available to them if they had any complaints.
Mr Justice Mintoff ruled that the Ombudsman had every right to investigate any complaints on appointments, promotions, salaries and pension rights of any AFM officials.
The court also ruled that it was up to the Ombudsman to decide whether to investigate cases were effective remedies are not available.
In upholding the Ombudsman's case, Mr Justice Mintoff declared that the Ombudsman could proceed with his investigation and ordered the ministry to provide the Ombudsman and his office all the documentation he required to carry out his investigation.
The Nationalist Party said that the court judgment stops the government from continue to undermine the institution of the Ombudsman. The judgment was given after Minister Carmelo Abela continued the pursue court action following his substitution of Manwel Mallia as minister.
In a statement, the PN said that the minister should no longer undermine the ombudsman. It also expect the government to change its ways which had seen it discriminate and cause injustices in the Armed Forces of Malta.
It appealed on all workers to take courage and submit their complaints to the Ombudsman.
In a statement Alternattiva Demokratika - The Green Party said it welcomed this morning’s decision by Judge Wenzu Mintoff in which the Court found in favour of the Ombudsman in the dispute which had arisen with former Minister Manwel Mallia. The Ombudsman was obstructed from investigating complaints which were received from Army officers.
Carmel Cacopardo, AD Deputy Chairperson stated that it is hoped that after this decision Government will desist from further obstructing the Ombudsman in the carrying out of his duties.