Court orders case filed by David Gatt to continue

The court today dismissed a plea by the Prime Minister, the Police Commissioner and the head of the Public Service Commission to halt a case by former police inspector David Gatt who is trying to stop the PSC from retaking action against him.

The plea had been filed after the the Civil Court had ruled that administrative decisions dismissing three policemen, including Dr Gatt, 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 and that they had not been given the opportunity to defend themselves.

When the police commissioner had sought further disciplinary action, the policemen filed a warrant of prohibitory injunction to stop him from requesting the commission to retake action.

This was in November last year.

The procedure is that when such a warrant is filed, a decision taken would be for just 20 days unless a case is filed and proven.

Such a case was filed by Dr Gatt but the police commissioner, the Prime Minister and the head of the Public Service Commission raised a preliminary plea arguing that the first hall of the Civil Court did not have the constitutional competence to stop PSC proceedings before they had even started.

This was because the PSC was given its powers by the Constitution.

The court dismissed the plea and ordered the case to continue.

Dr Gatt, 40, of Birkirkara, has since been charged with involvement in major crime, including the theft of more than €1 million from a Balzan bank, the failed heist on HSBC headquarters and last week’s attempted robbery of a jeweller in Attard.