A judge this morning settled the long-standing issue between Ombudsman Joseph Said Pullicino and former home affairs minister Manuel Mallia and ruled that the Ombudsman had the authority to investigate complaints by army officers.
Mr Justice Lawrence Mintoff threw out Dr Mallia's arguments that the law precluded the Ombudsman from investigating complaints by Armed Forces of Malta officials before these would have exhausted all other avenues to seek redress.
He was ruling in a case filed by the former chief justice against Dr Mallia (the case was then continued by present Home Affairs Minister Carmelo Abela) and permanent secretary Kevin Mahoney.
The dispute revolved around a number of controversial promotions handed out in September 2013, most notably that of Jeffrey Curmi, who leapfrogged from major to brigadier – four promotions – in a matter of months.
The two parties exchanged views in judicial protests and counter protests but the matter reached the First Hall of the Civil Court that was tasked with deciding who of the two was right.
Dr Said Pullicino had complained he was being obstructed in considering complaints from AFM officers, with Dr Mallia insisting that the Ombudsman had no jurisdiction over army officers.
The Ombudsman had also told the court he failed to understand why the Home Affairs Minister seemed to be refusing to cooperate in his search for the truth about army promotions and was creating obstacles in every way.
But Dr Mallia insisted in court that the Ombudsman had no authority to investigate complaints by commissioned officers as these had other remedies available to them if they had any complaints.
But Mr Justice Mintoff threw out the arguments put forward by the former minister, ruling that the Ombudsman had every right to investigate any complaints on appointments, promotions, salaries and pension rights of any AFM officials.
The court also ruled that it was up to the Ombudsman to decide whether to investigate cases were effective remedies are not available.
In upholding the Ombudsman's case, Mr Justice Mintoff declared that the Ombudsman could proceed with his investigation and ordered the ministry to provide the Ombudsman and his office all the documentation he required to carry out his investigation.