The Ombudsman has rejected a request by a former Employment and Training Corporation inspector who, after being acquitted of corruption charges over a technicality, asked to be given back the salary he was denied when suspended on his arraignment.

In 2002, the former inspector faced criminal proceedings for asking for money to “close an eye” over an infringement. When he was arraigned, he was suspended from work on half pay pending the outcome of the court case. Five years later he was acquitted when the court found that, although it was clear he did ask for money, at the time the offence was not considered a crime by the law quoted by the prosecution.

The man had been suspended on half pay on September 25, 2002 and resigned a month later.

In a complaint filed with the Ombudsman, the ex-inspector said the collective agreement laid down that, once an employee was cleared in disciplinary proceedings, the remaining part of his salary should be paid to him.

Ombudsman Joseph Said Pullicino pointed out that the collective agreement referred to internal disciplinary proceedings, highlighting that the man had resigned before the ETC had the opportunity to carry out such proceedings.

Moreover, the court had found it was convinced the inspector had requested a bribe, even though there was no exchange of money. This conclusion would have had a bearing on any disciplinary proceedings, the Ombudsman concluded, rejecting the complaint and closing the case.

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