Labour slams Fenech Adami comment as ‘unacceptable in a democracy’
Former Prime Minister Eddie Fenech Adami’s dismissive description of a court ruling as ‘strictly procedural’ has come under heavy fire from the Opposition party’ spokesman for justice Dr Jose’ Herrera, who expressed consternation and surprise that a fundamental right could be reduced to a ‘technicality’.
The case goes back to 2001, when three police officers - David Gatt, Ivan Portelli and Michael Buttigieg were dismissed by the force, ostensibly ‘to protect the public interest’.
No official reason was given for their dismissal, although Commissioner George Grech – who ironically resigned the same year after finding himself embroiled in a sex scandal – claimed in court that the three police officers had been in contact with suspected criminals.
However, in April 2004 Mr Justice Joseph Azzopardi ruled that the Public Service Commission had violated one of the principles of natural justice by neither informing the three officers that they were under investigation, nor allowing them the opportunity to defend themselves from the charges.
The Court of Appeal upheld this ruling earlier this month, prompting calls for an apology by former Prime Minister Eddie Fenech Adami and current Police Commissioner John Rizzo.
However, in comments to The Times, Fenech Adami stood by his decision, arguing that the court ruling was based on a ‘technicality’.
“There will definitely be no apology from me,” Dr Fenech Adami said. “I acted in terms of the office I 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.”
A similar reaction came also from Justice Minister Carm Mifsud Bonnici, eliciting stern criticism from his opposite number in Parliament.
“To say that the lack of a fair hearing is a ‘technicality’ or a simple procedural matter is surprising and unacceptable in a democracy,” Herrera said.
“The right to a fair hearing is a very important part of natural law. It is a fundamental right, protected by no less than our Constitution, as well as the European Convention of Human Rights. As such, the absence of .this right is the equivalent of abuse of power.”
Dr Herrera called on the Ministry of Justice to ‘revise’ its statement accordingly.