Police officer claims violation of right to fair hearing

A police inspector undergoing disciplinary proceedings yesterday filed a constitutional application claiming that the regulations allowing the Police Commissioner to appoint the members of the Police Disciplinary Board were in breach of the Constitution.

Police Inspector Josric Mifsud filed the application in the First Hall of the Civil Court against the Police Commissioner, the Prime Minister, the Attorney General and the Public Service Commission (PSC).

The officer, who is based in Gozo, noted that on August 13, 2007 he had received a letter informing him that the Police Commissioner had initiated disciplinary proceedings against him and asking him to give reasons why such action should not be taken.

On September 4, 2007, the inspector replied to the letter through his legal counsel but a few weeks later he received another letter informing him that the proceedings would go on before the Disciplinary Board being set up according to the PSC's regulations of disciplinary proceedings.

Mr Mifsud noted that regulation 21 (1) allowed the Police Commissioner to select the board members when he himself had initiated the proceedings.

Besides, the three board members formed part of the police force and, therefore, were directly answerable to the Police Commissioner.

This, the inspector argued, was in breach of his right to a fair and impartial hearing and, herefore, in breach of the Constitution.

The inspector called on the court to declare that regulation 21 (1) violated his fundamental rights and the Constitution and was therefore null and void.

He also asked the court to declare that the manner in which the board was appointed was in breach of his rights and to order that the pending proceedings be stopped.

Lawyers George Abela and Robert Abela signed the application.