ADT officers convicted of bribery 'could be reinstated'

The Malta Transport Authority (ADT) could reinstate two of its employees convicted of bribery if they are granted a presidential pardon, which they have applied for.

Last November, Jason Buttigieg, 33, and Roderick Galea, 30, were found guilty of taking bribes for giving learners a pass mark in their driving licence test.

They were conditionally discharged for three years and banned from holding public office for life.

It-Torca reported on Sunday that both men remain on the authority's books, although suspended, in view of a request the two have made for a presidential pardon.

When contacted, the ADT confirmed the news, saying that: "A petition has been submitted to the President. Since this is still sub-judice, the two employees are suspended on half pay as the case has not been fully determined."

Asked whether the authority would be willing to take them back should the President grant the pardon, the ADT said: "In view of similar cases, should the President grant a pardon, the employees could be reinstated."

Legal sources said, however, that neither the interdiction nor a potential presidential pardon have any real legal bearing on the ADT's decision.

If an employee's position is viewed by an employer (be it a private or public entity) to have become untenable or compromised, a lawyer explained, that employee can be dismissed, irrespective of any proceedings, be they court proceedings or those related to a presidential pardon.

During the hearing of Mr Galea and Mr Buttigieg's court case, their legal counsel, Kris Busietta, had told the presiding magistrate that the authority might not sack his clients, depending on the judgment the court handed down.

The authority's CEO, Gianfranco Selvaggi, had issued an immediate reaction, countering Dr Busietta's statement.

"The chief executive, chairman and board members of the ADT categorically deny having made any statements in this regard," the statement had said.

The fate of the employees may now depend on a presidential pardon.

Asked whether this situation was acceptable, a spokesman for Transport Minister Jesmond Mugliett said the authority was acting in the same way it had done in the past.

The ministry did not react to the fact that the presidential pardon has no legal bearing on the ADT's decision.

What is more, in its reply, the ministry mentioned a specific case where an employee at the licensing division was caught taking backhanders but was, nevertheless, retained.

He was prosecuted and found guilty, but had filed a request to have his interdiction from public service reduced, from permanent to temporary through a presidential pardon.

He was granted the pardon and the Public Service Commission (which was involved because the man was a civil servant), against the ADT's recommendations, decided that he should not be dismissed.

"In this context," the ministry said, "the ADT feels it should wait for the response to the officials' request before it takes its final decision."