The Police Association has sued the Commissioner of Police and the permanent secretary of the Ministry of Home Affairs after they banned public officers from taking part in an auction of police weapons and vehicles.

The association said the ban is unlawful and results in a situation where a criminal may buy the weapon he used in a crime, but a policeman cannot. 

The writ was filed by the association and public officers Frankie Sammut and Malcolm Bondin against the police commissioner, Kevin Mahoney, permanent secretary at the ministry, auctioneer Pierre Grech Pillow and Obelisk Auctions.

The association referred to the ban issued last February and its subsequent judicial protest - leading to a postponement of the auction. It said there are no dispositions at law to ban public officers from the auction.

The authorities had invoked Legal Notice 40 of 1966, which, they said, excluded public officers from bidding in auctions so as to avoid the possibility of any conflict of interest between their public role and participation in an auction. 

The association said this legal notice did not apply and it insisted that public officers should be able to participate in the auction like all other people, and the auction should not be held until the ban is lifted. 

Dr Robert Abela signed the application.