Three former police officers secure right to be reinstated

A court decision to reinstate three police officers who had been unfairly discharged has been confirmed after an appeal by the Commissioner of Police and the Attorney General was dismissed.

Ivan Portelli, Michael Buttigieg and David Gatt had taken former Prime Minister Eddie Fenech Adami and former Police Commissioner George Grech to court after they were dismissed in 2001.

The Civil Court had ruled that the administrative decisions dismissing them had breached one of the rules of natural justice and so should be declared null.

Mr Grech had recommended to the Public Service Commission to dismiss the three men and the PSC, in turn, made its recommendation to the Prime Minister who issued the order for their dismissal.

However, the court ruled that the PSC had not informed the officers of the procedures against them. Neither were they given the opportunity to defend themselves.

This was in breach of one of the fundamental human rights to a fair hearing, the court noted.

The Commissioner of Police and former Prime Minister appealed and, among other points, argued that the first court had misinterpreted the law and the principles of natural justice.

However, the Constitutional Court, made up of outgoing Chief Justice Vincent De Gaetano, Mr Justice Joseph Filletti and Mr Justice Geoffrey Valenzia, upheld the first court’s decision after reviewing the evidence from scratch.

The court heard Mr Portelli, a former Police Inspector, testify that he had made an appointment with a police informer, Ray Agius, to meet him on his yacht. When he boarded the yacht, Mr Portelli said he was surprised to see a group of people that included two judges, apart from Mr Farrugia. They sailed to Gozo and back.

The day after, Mr Grech accused Mr Portelli of being in the company of a Ronald Agius, a known illegal importer, on his yacht, Mr Portelli said. But Mr Portelli insisted the yacht he had been on belonged to a certain Ray Agius and not Ronald, whom he did not know.

However, Mr Portelli said he was still dismissed in May 2001. He complained he had not been informed of any charges against him.

In a separate but similar case, in which he was accused of mingling with criminals, Dr Gatt, also a former Police Inspector who has since graduated as a lawyer, said he had been dismissed without knowing the charges against him.

Mr Grech had testified that he had information that Dr Gatt was in contact with one of the suspects of a theft of €2.3 million.

He had testified that Dr Gatt had called a certain man named George and told him he was disappointed that part of the lost chocolate was found.

Subsequently, Mr Grech said he drafted a report and asked for Dr Gatt’s resignation.

Testifying, Dr Gatt said that he was never the subject of disciplinary action while in the force and never had any contact with criminals. He said that the person called George was actually a 16-year-old boy and knew him because he lived in Valletta where he was stationed and was sometimes involved in football fights.

Similarly, Mr Buttigieg, a former Police Sergeant, said the Police Commissioner had accused him of complicity in a criminal offence.

Mr Grech had testified that during the investigation of a hold-up he was informed by the Security Service that a phone call was traced between Mr Buttigieg and a suspect.

But Mr Buttigieg denied any wrongdoing and pointed to the fact that he was never given the chance to defend himself.

Lawyer Edward Gatt appeared for Mr Portelli and Dr Gatt.