The Parliamentary Ombudsman welcomes the Court of Appeal judgement on the plea of lack of jurisdiction to investigate complaints by Officers of the AFM

The Parliamentary Ombudsman welcomes the judgement by the Court of Appeal in the court case, originally instituted by his Office against the Ministry of Home Affairs and National Security et that had raised the plea of lack of jurisdiction of the Ombudsman to investigate complaints lodged with his Office by officers of the Armed Forces of Malta.

The Court of Appeal has confirmed the judgement given by the First Hall of Civil Court delivered on the 12 October 2015 which had decided the following:

It upholds all the demands of plaintiff except the fourth one and decides as follows:

  1. Declares that the Ombudsman has the jurisdiction to investigate complaints of officers and men of the Armed Forces of Malta only in respect of appointments, promotions, salaries and pension rights;
  1. Declares that it is the Ombudsman himself who decides whether he has jurisdiction, even in those cases where the complainant had adequate means of redress under other laws;
  1. Declares that once the Ombudsman states that, given the particular circumstances of the complaint, it would not be reasonable for the complainant to have recourse to the President of Malta as a means of redress, the Ombudsman may continue with the investigation into the complaints of the officers;
  1. Orders the plaintiffs to provide all the information that the Ombudsman requested or might request regarding the complaints in question to appear before him if so summoned.

It has rejected all the pleas of defendant bar the twelfth plea which it accepts.

Now that the judgement of the First Hall of Civil Court has become definite, the Parliamentary Ombudsman will proceed with the investigation of these complaints.

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