Ombudsman Joseph Said Pullicino. Photo: Jason Borg

The Ombudsman has taken the Home Affairs Ministry to court after a year at loggerheads over which authority has jurisdiction to look into such complaints filed by army officers.

Joseph Said Pullicino is complaining his office is being hindered from looking into complaints filed by army officers on promotions, salaries and pension rights.

In an application filed yesterday in the First Hall of the Civil Court against Home Affairs Minister Carmelo Abela and permanent secretary Kevin Mahoney, Dr Said Pullicino asked the court to declare that his office had every right to probe such cases.

He also asked the court to declare Mr Mahoney guilty of contempt against his office for refusing to present the requested documentation, forcing investigations to grind to a halt. The application was signed by lawyer Henri Mizzi.

The Ombudsman is backing his case by citing a 2011 general order which clarified a similar issue following consultations with all parties involved, including the Attorney General, the Prime Minister and the President.

On the other hand the ministry is arguing that army members can only seek redress by lodging a complaint to the President and not the Ombudsman.

The dispute revolves around a number of controversial promotions handed out in September 2013, most notably that of Jeffrey Curmi, who leapfrogged from major to brigadier – four promotions – in a matter of months.

In his application the Ombudsman noted that following his request to the army chief to hand in all relevant documentation, Brig. Curmi had replied that the aggrieved officers had not followed the established procedure of seeking redress through the President.

This refusal was followed by another denial from Mr Mahoney.

In his application, Dr Said Pullicino said the ministry’s objections were based on “largely irrelevant” reasons and noted that the aggrieved officers had extinguished all other options for redress.

Both sides have been on the warpath for months and traded charges in a series of judicial protests last June, when the Ombudsman accused the ministry of “hindering the quest for the truth”.

The unexpected resignation of former home affairs minister Manuel Mallia last December fuelled hopes the issue might be resolved without the need to go to court. Nevertheless, this optimism soon faded as no progress was registered, prompting the Ombudsman to open legal proceedings.

The Nationalist Party yesterday lashed out at the government, accusing it of undermining the constitutionally appointed Ombudsman’s Office. It said it was “shameful” that Mr Abela had not managed to get rid of the arrogance exhibited by his predecessor, who had tarnished the army’s reputation.