A sarcastic video mocking a newly installed army gate may have triggered the dismissal of former AFM serviceman Godwin Schembri, but a court has ruled that the decision was ultimately based on a long history of misconduct rather than the viral clip alone.

Schembri joined the Armed Forces of Malta in 2003 and, by 2018, had served in various roles, including as a drill instructor responsible for the presidential guard of honour for former President Marie Louise Coleiro Preca.

The incident that ended his military career took place on 19 November 2018 after a training session at the Pembroke shooting ranges. While driving an army vehicle back to the Ħal Far barracks with colleagues, Schembri sarcastically criticised a newly installed gate on military property, describing it as a waste of resources because people could simply walk around it.

The remarks, which Schembri later described as harmless "army banter" delivered in a humorous tone, were filmed on a mobile phone by fellow soldier Gunner Lydon Micallef. Schembri argued that recording such moments had become commonplace and insisted the comments were never intended to insult the AFM.

Although the video was only shared within what Schembri described as a private chat among trusted colleagues, it was leaked onto YouTube, Facebook and WhatsApp. Schembri reported the unauthorised distribution to the police the following day.

The AFM reacted swiftly. On 21 November 2018, Schembri appeared before his Commanding Officer, Lt. Col. Edric Zahra, facing charges related to using contemptuous language and dangerous driving. He admitted to the charges and was punished with extra guard duties, later reduced on review, transferred to another section and issued with an official warning.

Schembri testified that Lt. Col. Zahra had reassured him that while disciplinary action would be taken, dismissal was not being considered. However, two days later, he was summoned before AFM Commander Brigadier Jeffrey Curmi and informed that he was being dismissed "in the interest of the service".

Schembri challenged the dismissal in court, arguing that he had effectively been punished twice for the same incident, violating the legal principle of ne bis in idem, or double jeopardy. He also claimed the decision was discriminatory because others involved in the video were not dismissed.

Brigadier Curmi rejected this argument, insisting the dismissal was not an additional punishment for the video itself but an administrative decision based on Schembri's entire service record. The court was presented with evidence showing Schembri had accumulated 23 company offences and three official warnings during his 15 years in the AFM.

The offences included repeated dangerous driving incidents, absenteeism, insubordination and unethical conduct. One serious case dated back to a 2006 deportation flight to Cairo, where Schembri was recorded saying "film me so I can hit him" before pushing an immigrant, forcing police intervention onboard the aircraft.

The court also heard evidence of civilian convictions, including a 2009 dangerous driving conviction and a 2018 conviction for assaulting three individuals with pepper spray in Qawra.

Despite acknowledging Schembri's abilities as a drill instructor and soldier, Brigadier Curmi told the court the AFM had repeatedly given him opportunities to reform but he consistently failed to improve his behaviour.

Judge Francesco Depasquale ruled that the dismissal was lawful and justified. He rejected the argument that Schembri had been punished twice, finding that the initial disciplinary action dealt specifically with the video incident, while the brigadier's decision concerned whether Schembri should remain in the armed forces at all.

The judge said the video merely triggered a wider review of Schembri's career and conduct. He noted that despite numerous warnings and disciplinary measures, Schembri had remained "unreformed".

Concluding the case, the judge stated that a serviceman with such an extensive disciplinary record "does not deserve to continue serving the country in the Army of Malta". He described Schembri's behaviour as showing a "disrispett plateali" - a plateau of disrespect - toward the discipline expected within a military force, and ruled that the dismissal had been "just and timely".