Constitutional Case dismisses inspector's case against Police Commissioner

The Constitutional Court has dismissed an appeal filed by Police Inspector Josric Mifsud against the Prime Minister, the Attorney General , the Public Service Commission and the Commissioner of Police.

Mr Mifsud had filed his court case after the Police Commissioner in August 2008 informed him that he faced proceedings before a disciplinary board. Mr Mifsud had objected that the members of the board were appointed by the Police Commissioner, even though he was the one who had launched the disciplinary proceedings. This, he argued undermined his right to a fair hearing. The First Hall of the Civil Court had rejected his case.

The Constitutional Court said it agreed with the first court that the pleas were frivolous. As found by the first court, the board did not have the authority to determine whether Mr Mifsud should remain a member of the police corps and its role was purely investigative.

It was the Commissioner of Police who then decided on the consequences after the board presented the facts of the case. The decision of the Commissioner could then be appealed before the Public Service Commission.