The chairman of the prison’s board of governance resigned less than a month after his appointment, a Home Affairs Ministry spokeswoman said, giving no reason.

Anthony Mario Ellul stepped down a day after the Times of Malta had flagged to the ministry doubts on the legality of his appointment. It transpired that the appointee was selected despite having been convicted of fraud. The law specifically prohibits anybody found guilty of such criminal offence to occupy such a position.

Mr Ellul, who up to last year was Home Affairs Minister Michael Farrugia’s private secretary, was appointed on September 20. According to The Malta Government Gazette his term, together with the other four members sitting on the newly-established board, was until the end of 2021.

The appointment was made in line with Legal Notice 180 of 2018.

It states that the board has the remit to give “direction and advice” with respect to Corradino Correctional Facility and any other prison.

Doubts on the legality of Mr Ellul’s appointment emerged a few days ago through a source who tipped off this newspaper that Mr Ellul was precluded from occupying such post due to his criminal record.

In 1996, Mr Ellul had been found guilty of exchanging about €7,000 in counterfeit US dollars from Mid-Med Bank and Lombard Bank. He had been fined €1,165 and given a two-year jail sentence suspended for three years.

Selected despite having been convicted of fraud

The law lays down that anybody guilty of such an offence is not eligible to be part of the board, regardless of time elapsed from the conviction.

In this respect, LN 180 of 2018 states that “no person shall be qualified to be appointed as, or remain a member of the board if he is convicted of an offence affecting public trust, or of theft or fraud, or knowingly receiving property obtained by theft or fraud, or of bribery or of money laundering, or has otherwise been sentenced to a term of effective imprisonment for any offence other than an involuntary offence”.

Contacted by this newspaper, Mr Ellul said he would have no qualms to resign if it transpired that his appointment was not in line with the law. Noting he was unaware of the legal impediment, he questioned whether it made sense to preclude somebody from taking such role for a mistake committed so many years before.

Mr Ellul would not comment further, saying any questions should be addressed to the ministry.

Barely a few hours later, a ministry spokeswoman confirmed that his resignation had been accepted. While no reasons were given, the ministry heaped praise on Mr Ellul for “his sterling work” to initiate the much-needed change at the facility.

She noted that his work on the evaluation and proposed changes at CCF had “automatically made him the strongest candidate to take over a role on the newly-formed board of governors”.

The ministry remarked that those who had worked on these proposals were automatically confirmed on the board.

Despite his resignation, Mr Ellul will not leave the scene completely as the ministry said that, in the interest of the planned changes, he had offered to keep working as he had done over the past year.

No further details were given.