Whistleblower ferry line captain partly vindicated

A disciplinary board that investigated Gozo Channel ship master Mario Grech, who was suspended after making a string of damning claims about the ferry line in 2009, felt it could not wholly reject his serious allegations.

This public criticism towards superiors is unacceptable, even more so when it comes from a high-ranking official

After considering his case, the board’s report “confesses that it can’t tranquilly reach the conclusions that Capt. Grech’s claims are false”.

On the other hand, the board also noted that his claims were not proven to be completely correct either.

The conclusion of the disciplinary board, which decided to reinstate the mariner following a suspension of more than three years, jars with the findings of an inquiry that practically rejected his allegations wholesale.

The board, chaired by lawyer Richard Galea Debono, with Judge Philip Sciberras and Edwin Mamo as members, said in the balance of arguments, it did not find the evidence (brought by Gozo Channel) convincing enough to “declare Capt. Grech’s claims as false and malicious”.

Capt. Grech returned to work in February, having been suspended in September 2009 after making his claims public. The disciplinary board’s findings were not published but a copy was given to The Times by the Finance Ministry.

In 2009, Capt. Grech had filed a judicial protest, flagging the fact that he had been wrongly skipped in a promotion and claiming a string of safety concerns, including a case of Legionella aboard one of the ferries, which had not been reported.

The ferry line had accused him of “unbecoming behaviour” and making “malicious” and “grossly negligent” allegations. It suspended him, originally without pay, before Finance Minister Tonio Fenech – who is responsible for Gozo Channel – intervened to ensure he was paid, following an outcry about the whistleblower’s treatment.

An inquiry set up to look into the claims in 2010 rejected almost all of them, except one against the company’s human resources manager and a boatswain.

The disciplinary board noted that Capt. Grech had “rebutted in a reasonable and plausible manner” all the ferry company’s arguments against him.

But the board did have words of criticism.

“Capt. Grech made a mistake of interfering. If this promotion prejudiced his seniority, he would have had the right to more than a judicial protest.

“However, this wasn’t the case and the promotion – whether it was done well or not, needed or not – is none of his business.

“This public criticism towards superiors is unacceptable, even more so when it comes from a high-ranking official who should have known it wasn’t his business and limited himself to what affected him.”

Capt. Grech was found guilty of behaviour unbecoming a senior officer and of breach of confidentiality only with regard to the promotion issue. The board said it did not consider such failure “serious”.

He was cleared of making negligent and false accusations due to insufficient proof.