Government’s plea thrown out in case over former policeman’s dismissal

A former police inspector turned lawyer and who later was allegedly involved in a string of major crimes, won a small victory in the civil court yesterday over his dismissal from the force 10 years ago.

David Gatt, whom the police believe is behind some big attempted robberies in recent years, was sacked after the Police Commissioner came to believe he was involved in criminal activity.

He is currently out on bail waiting to face charges concerning his alleged running of a criminal gang. Curious details have emerged of how he allegedly imagined the gang to be the Maltese version of the Sicilian Mafia with him as the equivalent of the rootless Corleonese boss Toto Riina.

Years back, Dr Gatt was one of three police inspectors who, the appeals court had declared, were unfairly dismissed by the force through the Public Service Commission (PSC), in a ruling which hinges on the fact that they had not been told there were procedures against them and so could not defend themselves.

The police and the government stood by their decision, stressing there had been valid grounds for the dismissals.

Last November, Police Commissioner John Rizzo asked the PSC to reconsider the case against them.

The men, surprised at the fresh attempt to seek disciplinary action against them, then applied for an injunction arguing they had already faced such proceedings in 2001 and the courts had declared their dismissal unfair.

They also pointed out they were not receiving a salary from the government and, therefore, could not undergo proceedings before the commission.

Mr Justice Joseph Micallef had upheld their request, ruling they had prima facie grounds to block the action.

According to law, a decision to stop the legal action remains in force for 20 working days after which the plaintiff would have to file a case for it to become permanent.

Yesterday, preliminary pleas were heard in the case filed by Dr Gatt.

The Prime Minister, the Police Commissioner and the head of the PSC claimed the civil court had no Constitutional competence to stop the PSC from taking action.

Mr Justice Micallef, however, dismissed this plea.

In June a court expert testified that Dr Gatt would be eligible for a €137,500 payout if he wins a civil court case for arrears, following the unfair dismissal decision.

Dr Gatt is currently out on bail and is pleading not guilty to being involved in the theft of more than €1 million from a Balzan bank in 2007, the failed heist on HSBC’s headquarters in Qormi which ended in a shootout with the police in June last year, the failed attempt to break into a security van carrying about €2.8 million in cash last year and the attempted robbery of a jeweller in Attard in December.