The army’s responsibilities are so sensitive to the Maltese State that the promotions to high posts don’t lend themselves to scrutiny by third parties, according to the government.

The argument was made in an appeal entered by the Minister for Home Affairs and National Security and the ministry’s permanent secretary against the civil court’s decision over a lawsuit instituted and won by the Ombudsman.

The case goes back to complaints received by the Ombudsman after two promotion exercises carried out in September 2013. These involved the promotion of a group of majors to lieutenant colonels and a group of lieutenant colonels to colonels.

In its appeal, the ministry reiterated its view that the complainants should follow the procedure set in the armed forces law

The Ombudsman asked for the relevant documentation from the ministry and the army in order to investigate the complaints.

Following their refusal to hand over these documents, claiming that he did not enjoy the required authority to investigate the promotions, the Ombudsman took the case to court. He asked it to declare that he did have the authority to conduct a probe and to order the government to hand over the documents.

In the decision delivered on October 12, the court rejected the government’s claim that the law prohibited the Ombudsman from investigating complaints by members of the armed forces. In its appeal, the ministry reiterated its view that the complainants should follow the procedure set in the AFM law and submit their complaint to the President.

Acknowledging that the government was acting within its rights, the Ombudsman has said the decision to appeal is, nevertheless, not a wise one and will only delay his investigation into the matter.