The Labour Party yesterday criticised the government for dismissing as a “procedural” decision a court judgment ruling that three policemen had not been granted a fair hearing when they were kicked out of the force.

Labour’s justice spokesman José Herrera said such an attitude was “surprising” and “unacceptable” in a democratic society.

He pointed out that the judgment found the men had been deprived of the fundamental right to a fair hearing, a natural and important human right.

The court found last week that the officers’ dismissal, in 2001, was null and void because they had not been informed about ongoing procedures against them by the Public Service Commission. They had been dismissed over their alleged involvement in criminal activity but were never given the opportunity to defend themselves.

The court case was initiated by Michael Buttigieg, David Gatt and Ivan Portelli against former Prime Minister Eddie Fenech Adami and former Police Commissioner George Grech.

Dr Fenech Adami told The Sunday Times that, in recommending their dismissal, he had acted in terms of the office he was holding.

“The fact the court has ruled in their favour on a technical issue doesn’t change my view of what was done then,” he said.

This point was also highlighted by the Justice Ministry, which noted that the judgment was “strictly procedural”.

Dr Herrera said this attitude was unacceptable. The lack of this fundamental human right was equivalent to an abuse of power, he said, adding he believed the Justice Ministry ought to review its statement.

The Justice Ministry replied insisting it never said the right to fair hearing was not important. Dr Herrera, it said, was trying to put words in its mouth and the issue was more complicated than the PL made it out to be.

The police had been investigating a €2.3 million hold-up when they intercepted telephone conversations between the former officers and suspects. The law, the ministry said, allowed the police not to allow suspects to know the method of investigation used. Informing the three officers about the intercepted calls might have alerted the suspects.

The former policemen called for the resignation of Police Commissioner John Rizzo and demanded an apology from Dr Fenech Adami. Mr Rizzo refused to comment on the issue and Dr Fenech Adami said he had no intention of apologising.