Judicial protest calls for suspension of disciplinary proceedings

An assistant registrar at the Gozo courts yesterday called on the authorities to suspend disciplinary proceedings against her.

Jane Refalo filed a judicial protest in the Gozo Courts against the permanent secretary at the office of the prime minister, the director general of the law courts, the director of the Gozo courts and the chairman and members of the disciplinary board.

She explained she had been appointed to the post of registrar of the Court of Revision of Notarial Acts and assistant registrar of the Gozo Courts by the prime minister in October, 1992.

She was appointed after a call for applications published by the Public Service Commission specified that the post included administrative and managerial duties.

Refalo said she was appointed to the post of acting director general to the courts as she was the most senior assistant registrar in August 1993.

A circular issued by the OPM in March 2001 contained a call for applications for the appointment of two directors at the Malta courts and one director for the Gozo courts.

The call specified that interested officers were expected to apply only if they considered themselves to have the necessary experience and expertise for these specialised positions.

Refalo claimed she had been in government service at the law courts since 1982 and had graduated with a degree in Public Administration in 1989.

As she had also been running the Gozo courts from October 1992 she considered herself as being qualified enough to apply for the post advertised.

But the senior appointments advisory committee, presided by the permanent secretary at the OPM, had appointed Dr Mary Debono Borg to the post.

Refalo claimed that Dr Debono Borg was not qualified for this post as she had never had any connection with the court.

Dr Debono Borg, said Refalo, had joined the office of Notary to Government shortly after she had graduated as notary.

Refalo felt that she had sustained an injustice, and she had protested about this to the prime minister and to the ombudsman, but Dr Debono Borg was appointed director at the Gozo Courts on July 31, 2001.

Following this appointment, Dr Debono Borg had not appointed Refalo to assist her in the administration of the Gozo courts, even though Refalo had over nine years' experience, and instead, the new director had appointed another deputy registrar as her assistant.

Refalo was assigned the work previously carried out by this deputy registrar.

When Refalo indicated her willingness to cooperate with Dr Debono Borg, but insisted that she no longer do the work of the deputy registrar, Dr Debono Borg insisted that Refalo had to carry out work in the judicial sale by auctions section of the court.

As a result, Refalo had not been assigned any work as she refused to do the work of the deputy registrar.

This, said Refalo, was tantamount to mental torture.

A charge had been issued against Refalo, and although the latter insisted that Dr Debono Borg was not entitled to do so, the permanent secretary at the OPM had appointed a disciplinary board to hear and decide upon this issue.

Despite Refalo's insistence that the proceedings ought to be suspended until the courts decided upon their legality, the permanent secretary had ruled that the proceedings were to continue.

Dr Albert Camilleri signed the protest.