The soldier at the heart of the ‘army gate’ controversy in November has filed a civil action against AFM Commander Jeffrey Curmi requesting the judicial review of his dismissal from the Amed Forces which amounted to a “discriminatory” and “unreasonable” measure.
Former bombardier Godwin Schembri had found himself at the centre of a raging controversy when, footage of a light moment shared with fellow colleagues, was uploaded on social media, soon going viral.
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In the video clip, filmed by a colleague seated as passenger in an army vehicle which was being driven by Bombardier Schembri, the latter mocked the army’s top brass over a recently-installed free-standing gate, meant to control access to the AFM’s shooting range in Pembroke, but rendered useless by the absence of a fence on either side.
Bombardier Schembri had flagged the matter by swerving around the closed gate while driving the military truck, making ‘colourful’ remarks, while other soldiers on board giggled in the background.
The leaked footage clearly showed that the soldier had merely intended to bring a smile to his friends’ face, certainly never meaning to show disrespect towards the Armed Forces of Malta, the applicant claimed.
Read: Military, ministry mum on bombardier’s ‘dismissal’ after video rant
Moreover, the man’s superior had also witnessed the light moment and had never intervened to reproach the soldier or point out that such behaviour was in any way disrespectful towards the AFM.
However, trouble brewed for the bombardier when, totally unknown to him, that video was uploaded on social media, soon making the rounds and causing quite a stir.
Two days later, on November 21, the man at the centre of the incident was summoned to answer for his behaviour before his superior Lieutenant Colonel Edric Zahra.
Bombardier Schembri had explained that he had never authorised the sharing of that joke, which indeed had never been intended to be uploaded on public platforms but had simply been meant as a joke to be shared on a closed chat among army mates.
The man’s superiors had assured him that in case of an admission on his part, he would not face dismissal but would only incur ‘a minor penalty by way of a warning’.
Read: Shooting range gate featured in soldier's video ‘did not cost much’
Yet, disciplinary proceedings over his alleged dangerous driving and inappropriate language had resulted in a conviction, based upon the soldier’s own admission, landing him with an extra 12 duty watches, a reprimand as well as the transfer to another company within the same regiment, besides an official warning.
Even then, the matter did not stop there. On November 23, Bombardier Schembri was summoned before Commander Jeffrey Curmi who informed him that what he had done had amounted to insulting and denigrating behaviour towards the Army and the Commander himself, thereby meriting a dismissal.
In the application filed before the First Hall, Civil Court, the former soldier’s legal team claimed that such decision breached the applicant’s fundamental right not to be tried twice and was “discriminatory” and “unreasonable”.
Indeed, although the video was shared by someone else, it was only Mr Schembri who had faced dismissal, the lawyers argued.
The Commander’s action had also run counter to the principle of ‘fair hearing’ since he had chosen to take the matter into his own hands, “disciplining the person who had criticised him during the light moment”.
The soldier’s dismissal amounted to an administrative act which had failed to abide by procedural rules and which clearly breached the principles of natural justice, thereby qualifying for judicial review in terms of article 469A of the Code of Organisation and Civil Procedure.
The applicant thereby requested the court to declare the Commander’s decision as ‘ultra vires,’ therefore null and void and to liquidate damages payable by the AFM Commander in his regard.
Lawyers Joseph Giglio, Franco Debono, Marion Camilleri and Mario Spiteri signed the sworn application.