The Prime Minister last night asked Home Affairs Minister Manuel Mallia to resign over the shooting incident involving his driver after an inquiry found there was an attempted cover-up.

Joseph Muscat also removed Acting Police Commissioner Ray Zammit and immediately appointed Security Services head Michael Cassar in his stead. Joseph Bugeja was appointed instead of Mr Cassar to head the secret service.

The Prime Minister said the inquiry, compiled by three retired judges, concluded that Dr Mallia was not involved in the cover-up.

The Prime Minister said the inquiry, compiled by three retired judges, found that Dr Mallia failed to correct the statement

However, he failed to correct the statement issued on the night of the incident, November 19, that spoke of “warning shots” when it was immediately apparent this was not the case.

Dr Muscat gave a press briefing at around 9.30pm, taking no questions.

The inquiry report was published but the transcripts of the evidence given by the witnesses were not.

Dr Muscat said he gave Dr Mallia the chance to read the inquiry’s conclusions shortly before the briefing. However, the minister had not yet formally tendered his resignation by the time of going to print.

Opposition leader Simon Busuttil accused the Prime Minister of not being bold enough to sack his minister, saying he was “weak” and had lost moral authority.

“Never could have one imagined that a Prime Minister would shy away from the decisions he is expected to take. Instead he has left the decision in the hands of others,” Dr Busuttil told Net TV.

He added that people were surprised and disappointed to learn the Prime Minister failed in his duty to arrive at “the obvious logical conclusion” and remove Dr Mallia.

Dr Muscat had appointed Alberto Magri, Joseph Camilleri and Philip Sciberras to carry out an inquiry into allegations by the Opposition that there was an attempt to cover up the shooting, giving them two weeks to conclude.

Paul Sheehan, the Home Affairs Minister’s security driver, had fired and hit a car belonging to Stephen Smith after an altercation in Gżira. Mr Smith had allegedly smashed the ministerial car’s wing mirror and Mr Sheehan gave chase.

An official government statement released on the night of the shooting spoke of two warning shots being fired in the air.

The inquiry found that police officers close to Mr Sheehan were involved in an attempted cover-up to minimise the actions of the security driver.

Inspector Gabriel Micallef, whose sister is Mr Sheehan’s girlfriend, moved Mr Smith’s car on to a low loader before the magisterial inquiry began, tampering with the scene of the crime.

But the inquiry also found that although the Acting Police Commissioner was not involved in the cover-up he displayed “gross negligence”. It was Mr Zammit who used the words “warning shots” for the first time and continued to do so despite evidence to the contrary.

Mr Zammit has been retained as assistant commissioner in spite of the findings.

Additional reporting: Mark Micallef, Keith Micallef