Ombudsman Joseph Said Pullicino.

The decision on which entity has the right to probe complaints filed by army members could only be taken by a court as no other constitutional body was vested with such power, the Ombudsman said yesterday in a judicial protest.

This was the latest development in the Ombudsman’s long-running dispute with the Home Affairs Ministry over whether he has the power to probe complaints submitted by AFM personnel.

The protest yesterday was the Ombudsman’s second, responding to a counter-protest filed by the ministry in reply to his original one on the issue.

The ministry has refused to collaborate with attempts by the Ombudsman’s Office to scrutinise a number of decisions taken by the army and ministry over promotions, pay and pension rights, with Ombudsman Joseph Said Pullicino previously accusing it of hindering “the quest for the truth”.

Home Affairs Minister Manuel Mallia has argued that by law the Office cannot investigate these complaints unless all other avenues have been exhausted, in other words by going to the AFM Commander who can then refer the case to the President.

In his protest yesterday, the Ombudsman pointed out that the ministry was seemingly ignoring the fact that in these particular cases, every other option had in fact been extinguished – the Commander himself could not intervene, as he was an interested party.

He noted the conciliatory tone adopted by the ministry but said his office would only be willing to hold talks if the starting point was how to safeguard the right enjoyed by army members to seek redress from the Ombudsman.

Dr Said Pullicino reiterated his argument that he had every right to probe complaints from members of the army, contrary to the ministry’s position.

It was unfair of the ministry to accuse him of bias and prejudice in the conduct of the investigation, he added.

He reiterated that his right to probe such complaints was also backed by a General Order agreed upon in 2011 by the government, the army and the President.