Former Labour general secretary Jimmy Magro is demanding financial compensation after claiming his human rights were breached by the Permanent Commission Against Corruption.
In a report published over a year ago, the Commission said it was “morally convinced” that an attempt had been made by Mr Magro to solicit a €25,000 kickback on a public waste management tender.
Moreover, he allegedly asked bidders to pay for a €5,000 holiday that he took in Alsace, France, in 2014.
While Mr Magro has denied any wrongdoing in his role as executive chairman of the Major Projects Coordinating Agency, the police had launched a criminal investigation but to date no charges have been pressed.
In a judicial protest filed in court last week, Mr Magro argued that the report should be disregarded, as the Commission had never informed him he was under investigation, despite calling him in as a witness.
Apart from not being immediately informed he was under investigation, Mr Magro argued that he was not given the opportunity to attend all sittings, and not given the opportunity to question other witnesses. Mr Magro also contended that he was not given the chance to present his own witnesses.
Despite being given the option to engage a lawyer and not answer questions, Mr Magro said this did not mean his right to a fair hearing had been safeguarded.
Mr Magro said at no point was it indicated to him that he was being called to testify because of the fact that he was under investigation.
READ: Police say more evidence needed to charge Jimmy Magro
The former Labour general secretary argued that by doing so, the Commission had breached his fundamental human rights.
Mr Magro cited an appeal court sentence which ruled that anyone being investigated by the Commission should be informed from the outset, to be able to defend themselves.
The corruption report had caused him both financial loss, as he had “lost” his job, as well as moral damages, Mr Magro argued.
The Times of Malta has previously reported that Mr Magro was allowed to “retire”, enabling him to be refunded €9,000 in deducted salaries, despite having no retirement clause in his contract.
In the judicial protest, Mr Magro demanded that the Commission’s report be declared “null and without effect”.
Mr Magro said he should be given the necessary compensation, which he did not quantify, for the damages suffered as a result of the report.
According to a 2014 report by the Justice Reform Commission, none of the 425 investigations opened by the Commission since 1988 had led to any criminal charges.
The protest was addressed to the Prime Minister, Attorney General, Justice Minister and the Permanent Commission Against Corruption.
It was signed by lawyers Stefan Camilleri and Natalino Caruana De Brincat.
jacob.borg@timesofmalta.com