Prison director Robert Brincau is to be charged in connection with an argument in Għadira in August when, it is being claimed, he pointed a gun at a man.
Brincau, who denies the claim, is set to be charged next week before Magistrate Charmaine Galea, having previously been questioned by the police about the allegation.
The precise charges are not yet known to Times of Malta. Brincau declined to comment when contacted, saying he had nothing to add to what he had already said.
A decision concerning Mr Brincau’s position as CEO of the Correctional Services Agency will be taken following the final outcome of the pending judicial proceedings- Home Affairs Ministry spokesperson
Brincau to remain as CCF director
Despite facing criminal prosecution, a spokesperson for the home affairs ministry on Wednesday stood by Brincau, saying that he was not expected to suspend himself or resign despite facing criminal charges in court.
The spokesman said the case arose from an alleged personal incident between the involved parties and was not related to Brincau’s duties in his official capacity.
He said there was a “manifest conflict” in the versions given by the parties, which needed to be determined by the court.
'No provision for mandatory suspension'
“There is no statutory provision which imposes a mandatory suspension from employment whenever judicial proceedings such as those in this case are commenced,” a home affairs ministry spokesperson said when asked whether Brincau had been asked to resign from his post.
“Having taken all these considerations into account, a decision concerning Mr Brincau’s position as CEO of the Correctional Services Agency will be taken following the final outcome of the pending judicial proceedings.”
The alleged incident in summer revolves around a dispute and long-standing rivalry between two competing private ambulance services.
Brincau’s wife is the director of Malta Red Cross, which is contracted by the government to provide lifeguards at Għadira bay, in Mellieħa.
Staff from a rival ambulance service got into a dispute with Brincau after allegedly being impeded while responding to an emergency call at the bay.
Gun claim made in sworn statements
Two staff from the rival service – Alpha Medical – gave sworn statements to the police claiming Brincau pointed a gun at the ambulance driver’s head during the alleged incident.
The driver said Brincau – a former Red Cross director – first headbutted him and he responded in kind with a punch to the face.
Brincau then reached for a gun he was allegedly carrying and pointed it at the ambulance driver’s head, according to statements given to the police by the Alpha Medical driver and an accompanying nurse.
The driver described the gun as being silver with a black grip.
During the statement, the police zeroed in on the fact that the driver failed to immediately alert officers in the vicinity about the claimed incident.
By way of explanation, the driver said he feared the situation would escalate if he went immediately to the police.
A report was filed several hours after the claimed incident.
Brincau responds: 'This is a lie'
Soon after the incident, Brincau told Times of Malta the claims he produced a gun during the dispute were a “lie” and neither was there any sort of altercation, as claimed by the Alpha Medical staff.
The prisons director said his wife, whom he was accompanying at the time, was called to the scene due to a “matter related to Red Cross”.
“As I saw an argument between the parties, I talked to the persons involved to calm down tempers,” Brincau said.
“In fact, the situation was calmed down and all left the scene.
“I strongly object that I pointed a gun at a person, this is a lie. The latter did not happen and, furthermore, no scuffle, as was alleged, took place,” Brincau added.