Assistant police chief files for prohibitory injunction over post of Deputy Police Commissioner

Assistant Police Commisioner Dr Antoine Casha today filed a warrant of prohibitory injunction on a call for applications for the post of 'Deputy Commissioner in the Malta Police Force in the Ministry for Home Affairs and National Security', claiming that his right to a fair hearing and equality of arms were impeded.

Dr Casha claims that the appointment breached the code regulating the Public Service Commission, believing that the principles of justice, equality, merit and impartiality were infringed upon.

Dr Casha placed fourth out of four candidates when the results were published on 17 December 2016. The call for applications occurred on 22 August 2016.

The selection board was composed of three members, who were Police Commissioner Lawrence Cutajar, Josie Brincat and Joseph Mangani.

The applicant claims that on 28 December the Permanent Secretary denied his request for a breakdown of the result for each criterion and sub-criterion of each applicant to be given to the authorities.

This special request is mentioned in the manual on the selection and appointment process for the Malta Public Service authority.

The Commission informed Dr Casha that he would need to provide more material facts in order to have his request approved.

Dr Casha says that this was not possible if he did not have access to the results.

"What equality of arms? What justice? What transparency? What equality? What impartiality" the warrant reads.

On 23 January 2017 the Commission for Public Services sought the views of the Selection Board. This, the warrant says, meant that Dr Casha was not able to present counter arguments to the board's views.

The Commission denied his request when he asked if this would be possible.

The Commission then said that because the officer "had voluntarily started [his] process to retire on pension…The Commission considers that, on officer truly committed to the Force, would have opted work"

It is unacceptable, the judicial protest says, that the Commission judged an officer who has performed exemplary to the force for thirty years with the utmost dedication as not "truly committed"

On the same date, the Commission also said that it was "aware that other candidates performed exceptionally well". This, the applicant claims, shows that both the commission and the selection board know the marks obtained by the candidates and that the candidates should be privy to the information.

It was for these reasons that the mandate was calling for the process to stop and to reopen the call for applications to ensure the principles of justice, equality, impartiality, competence and transparency are followed as stipulated by law.



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