The Ombudsman is seeking assurances that he will be in a position to proceed with his investigation into army officers’ complaints following a meeting with Home Affairs Minister Carmelo Abela.
Joseph Said Pullicino said Dr Abela was receptive to his arguments that his office had jurisdiction to investigate AFM officers’ complaints but was told he would be given a definitive answer “shortly”.
Former home affairs minister Manuel Mallia had contested the Ombudsman’s jurisdiction to investigate officers’ complaints in respect of appointments, promotions, pay and pension rights.
Despite opposition from Dr Mallia, the Ombudsman said he would continue to do so and it was up to the minister to change the law if he wanted to stop his office from working on these complaints.
Dr Abela was appointed Home Affairs Minister after Dr Mallia was sacked by the Prime Minister last December in the wake of a shooting incident involving his driver.
The Ombudsman told Times of Malta he was “hopeful” the issue would be resolved.
Dr Said Pullicino said that irrespective of any decision taken by the government to legislate the removal of any perceived inconsistency between the Ombudsman Act and the Army Act, he would continue with the ongoing investigation.
He has always maintained his office is empowered by law to look into complaints by AFM officers
He has always maintained his office is empowered by law to look into complaints by AFM officers. Under the previous administration, an agreement was reached that ensured AFM officers had the right to seek effective redress from the Ombudsman if they opted to do so.
This agreement was communicated to AFM officers through a General Order issued by former Brigadier Martin Xuereb in November 2011.
The Ombudsman Act also authorised Dr Said Pullicino’s office to take on complaints from army officers.
Dr Said Pullicino has noted that the army and relevant authorities were resisting calls to submit their actions to scrutiny whenever his office investigated complaints filed by army officers.
Last June, the Ombudsman filed a judicial protest against the former home affairs minister and permanent secretary Kevin Mahoney on the grounds that the ministry was not cooperating in handing over relevant information that he needed to conduct investigations into complaints made by officers regarding army promotions.
He said he failed to understand why Dr Mallia seemed to be refusing to cooperate in the search for truth about army promotions.
In his reply, Dr Mallia said army officers had to first exhaust all avenues to seek redress before resorting to the Ombudsman. He said that complaints must go through the army commander, who could then refer their case to the President.