Dismissal of police inspectors, sergeant declared null

The dismissal from the police force of two inspectors and one sergeant in 2001 was today declared to be null and void by the First Hall of the Civil Court.

Mr Justice Joseph Azzopardi delivered three judgments after writs of summons were filed against former Prime Minister Eddie Fenech Adami and the Police Commissioner by Ivan Portelli, Michael Buttigieg and David Gatt. The three men complained of the administrative decision in terms of which their appointments within the police force were removed.

Former Inspector Ivan Portelli told the court that he had made an appointment with a police informant to meet him on his yacht to obtain information. The day before this appointment he was instructed to carry out a search in the house of a certain Jack Farrugia from where he had seized some documents. When he boarded Mr Agius's yacht Mr Portelli was surprised to find other persons there as well as Mr Farrugia.

On the following day, the Police Commissioner had accused Mr Portelli of being in the company of a certain Ray Agius. In May 2001 Mr Portelli was dismissed from the police force.

Mr Portelli added that he had not been informed of any charges against him nor had he participated in any procedures that led to his dismissal.

Former Inspector David Gatt told the court that the Police Commissioner had accused him of having contact with criminals. He was dismissed from the force without having been informed of the charges against him nor with any involvement in any procedures against him.

Former sergeant Michael Buttigieg said that the Police Commissioner had accused him of complicity in a criminal offence. Mr Buttigieg had denied these accusations

The Police Commissioner told the court that while a hold up was being investigated he was informed by the security services that a telephone call had been traced between Mr Buttigieg and a suspect.

Mr Justice Azzopardi said that an administrative decision, such as that which had led to the dismissal of the three former police officers, could be attacked if the principles of natural justice were not observed. In these cases it resulted that the Prime Minister had acted on the recommendation of the Public Service Commission when he had instructed the Police Commissioner to dismiss the three men. The PSC had acted on the recommendation of the commissioner.

But the PSC had not informed the three men of the procedures agaisnt them nor had it given the men 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.

In conclusion the court upheld the men's cases and declared their dismissal to be null and void. The three men were placed in the same position and at the same rank they had been in when dismissed. The defendants were found to be liable towards the men for damages.