Prime Minister Joseph Muscat is refusing to implement recommendations made by the Ombudsman to remedy a “vitiated” army promotions exercise in 2013.
The Ombudsman expressed surprise that the Home Affairs Ministry “does not seem to appreciate the significance of selecting the best officers in the army by a process which is above reproach and truly impartial”.A spokesman for the Office of the Ombudsman confirmed on Tuesday the government had not yet implemented the recommendations made more than a year ago to correct an injustice suffered by various army officers.
“The government has not remedied the injustice and the Home Affairs Minister [Michael Farrugia] has stated that he does not agree with the Ombudsman’s findings with regard to the injustice suffered by the complainants,” the spokesman said.
Noting that the Ombudsman was still expecting the government to remedy the injustice committed, the spokesman did not specify what form the remedy should take.
Read: Army promotions intended to produce desired outcome
Asked whether the eight officers involved should be promoted to the post they had applied for, the Ombudsman’s spokesman said that was up to the government. The Ombudsman was clear in his report that the complainants had suffered an injustice, he added.
“The Ombudsman cannot recommend that these officers be promoted since the investigation only concerned the selection process itself and not who should have been promoted.
“The Ombudsman’s final opinion unequivocally stated that the selection process was ‘vitiated’ and that the complainants and the other eligible candidates, who were not selected, suffered an injustice as a result of an act of maladministration,” the spokesman said.
The Office of the Prime Minister was asked what action, if any, was the Prime Minster contemplating to implement the Ombudsman’s recommendations, however, the questions remained unanswered by the time of writing.
The selection exercise to promote majors to lieutenant colonels started just a few weeks after Labour was returned to power in 2013.
Jeffrey Curmi and Mark Mallia, who at the time had a rank of major, were given four successive promotions between September and December of that same year, eventually ending up as commander, in the rank of brigadier, and deputy commander, in the rank of colonel, of the Armed Forces of Malta respectively.
Serving majors who felt they had more experience and qualifications than those selected in the exercise complained to the Ombudsman but the government tried to stop the investigation, arguing the Ombudsman’s office had no legal jurisdiction on AFM affairs. The court eventually up-held the Ombudsman’s right to investigate and a report was submitted in March 2018.
The selection process was conducted in an unprofessional manner
The Ombudsman concluded that the selection process was “conducted in an unprofessional manner” and was “a screen for the choice made”.
“It was a process tailor-made to achieve a pre-ordained result”, the Ombudsman declared, insisting the whole exercise was “vitiated”.
He harshly criticised the choice of the selection board members, made by the then home affairs and national security minister Manuel Mallia, noting it was mostly made up of non-military staff.
These included two political appointees, a former One TV reporter and a ministry customer care officer who, the Ombudsman pointed out, were not familiar with the workings of the army.
Reacting to the Ombudsman’s findings, Home Affairs Minister Michael Farrugia insisted he did not agree with the conclusions of the investigation, even criticising the way it was conducted.
Ombudsman Anthony Mifsud lambasted the minister, expressing surprise that the “ministry does not seem to appreciate the significance of selecting the best officers in the army by a process which is above reproach and truly impartial”.
Despite subsequent appeals by the Ombudsman for the Prime Minister and Parliament to remedy the “injustice”, remedial action has yet to be taken.