The family of the young soldier who drowned during a military training exercise in February filed a protest in court yesterday against former Labour Party leader Alfred Sant for "offending his memory".
During Tuesday's programme Dissett on TVM, Dr Sant claimed Gunner Matthew Psaila had been enrolled in the Armed Forces of Malta's special duties company just before the election without fulfilling the necessary requirements - namely that he could not swim. He implied this was what he called part of the government's pre-election employment flurry.
Gunner Psaila's parents and brother have filed a judicial protest vehemently denying Dr Sant's claims, asking him to apologise and saying they were "very hurt" and would be holding him responsible for damages. Contacted yesterday, a family spokesman said they were seeking legal advice to see what action could be taken against the former Prime Minister to make up for the insulting remark.
"We're not interested in money. We just can't believe someone can be so insensitive. Why on earth did he say that? Politics was never part of this tragedy," the spokesman said, adding that various Labour exponents, including the current leader, had attended the funeral.
"I was sitting next to (current Labour leader) Joseph Muscat," he said, incredulously.
In the judicial protest, the family said it was unethical for Dr Sant to criticise the government by referring to a person who had died and who was never in public life.
They insisted Gunner Psaila was qualified to join in his role and that, as had already been said in the press a number of times, the ability to swim was never a requirement.
Meanwhile, the government issued a statement to back what was said by the family's spokesman, confirming that Gunner Psaila was admitted after the election - and not before as Dr Sant claimed - following the annual call by the AFM.
The government said it was shameful that a soldier who had died tragically was dragged into an argument over the loss of a general election. What Dr Sant had said also reflected a lack of appreciation of the service of the AFM soldiers in the interests of the country and its people.
Dr Sant's comments had prompted the national broadcaster to run a scroll on the pre-recorded interview pointing out that the inquiry into the soldier's death established there was no obligation for soldiers to know how to swim.
Dr Sant could not be contacted for a comment yesterday.
The Nationalist Party also condemned his comments as completely "insensitive" and called on the Labour Party and its leader to disassociate themselves from them.
Gunner Psaila died in the early hours of February 16 after succumbing to injuries he sustained during a military exercise at Chadwick Lakes three days earlier. The incident is still the subject of a court case.