Police superintendent forced to resign over pair of boots
The high-ranking officer tried, and failed, in court to stop the police from forcing her to resign
A high-ranking officer tried and failed to stop the police from forcing her to resign over an alleged pair of stolen boots.
The body that decides on disciplinary issues for public-sector workers had decided in June that Sandra Zammit, a superintendent, should resign via a police procedure that provides officers with an alternative to a straight-up dismissal.
The procedure, being called a “resignation”, did not mean Zammit could choose to stay in the force, but was only a procedure that is better than being fired, the respondents argued in court.
After the Public Service Commission’s decision, approved by the prime minister, Zammit went to court arguing that the commission's ruling was disproportionate to what she had done.
While the police corps argued that Zammit stole the boots, the suspended officer said she had changed her defective boots for a new pair but had forgotten to register taking the new shoes, which cost around €164.
Zammit argued that the case had been blown out of proportion, and in fact, the police did not prosecute her for theft because there was not much of a criminal case, according to the Attorney General.
The police disciplinary board had even ruled before that a suitable punishment would be either a demotion in rank or seniority and alternative duties. But when the case moved to the PSC, the punishment ended up being far worse.
However, the court said it could not accept her request to file a prohibitory injunction and stop the PSC from making a decision because the commission had already decided on the case, and so it was too late.
Because of that, the court, presided over by Justice Aaron Bugeja, said there was little the court could do over the case.
Justice Bugeja held that if Zammit believed her dismissal was not constitutional, legal, or proportional to her actions, his court was not the place to make those arguments.
Lawyers Miguel Degabriele and Corinne Pace from the Office of the State Advocate appeared for the respondents.