Police officers stop Commissioner from taking action against them
The police commissioner has been stopped by the Court from seeking further disciplinary action against three police officers who were reinstated in September after being unfairly discharged. After officers Ivan Portelli, Michael Buttigieg and David...
The police commissioner has been stopped by the Court from seeking further disciplinary action against three police officers who were reinstated in September after being unfairly discharged.
After officers Ivan Portelli, Michael Buttigieg and David Gatt were reinstated, Police Commissioner John Rizzo last month asked the Public Service Commission to consider retaking action against them.
When the officers were asked to file their submissions to their head of department, they filed a warrant of prohibitory injunction to stop the proceedings.
They argued that since they had already undergone proceedings in 2001 and were unfairly dismissed, the PSC could not take action against them.
Moreover, they were not receiving a salary from the government so could not undergo proceedings before the public commission.
Originally 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. This decision was later confirmed on appeal.
The court had ruled that the PSC had not informed the officers of the procedures against them. Neither were they given the opportunity to defend themselves.